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This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...
Persistent link: https://www.econbiz.de/10014153227
This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...
Persistent link: https://www.econbiz.de/10014344204
“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...
Persistent link: https://www.econbiz.de/10012983504
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in...
Persistent link: https://www.econbiz.de/10014135472
Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to...
Persistent link: https://www.econbiz.de/10014351518
This paper analyses what the decision in Bolagsupplysningen and Ilsjan (C-194/16) means for transborder intellectual property infringement disputes. In this case, the Court of Justice of the European Union extended “the centre of interests” basis of jurisdiction under Art. 7(2) of EU...
Persistent link: https://www.econbiz.de/10014112226
Persistent link: https://www.econbiz.de/10013023742
The issue of climate change has at long last made its way into mainstream policy discussions in the United States. However, the focus both in the United States and internationally has been on reducing energy production and transportation emissions. This has led the media, policy makers and the...
Persistent link: https://www.econbiz.de/10014193208
One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...
Persistent link: https://www.econbiz.de/10014218074
This bibliography covers private international law, or conflict of laws, in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and...
Persistent link: https://www.econbiz.de/10014148634