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International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new...
Persistent link: https://www.econbiz.de/10014204422
Anti-suit injunctions (ASIs) have recently emerged as a phenomenon significantly affecting the dynamics of standard essential patent (SEP) litigation. The enhanced role played by these patents in the Internet of Things scenario and the willingness of national courts to set themselves up as...
Persistent link: https://www.econbiz.de/10013310983
independence of the judiciary and demonstrated its utility in a large cross-section of countries. The indicator has been widely …
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protection clauses in their constitution. This constitutional protection, I argue, has not been effective. Using a comprehensive …
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.S. interests. This article argues that the judiciary’s restriction of access to federal courts ignores important foreign relations …
Persistent link: https://www.econbiz.de/10014196793
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Administrative law has the objective of protecting individuals from the possible abuse that they can encounter from powerful administrative branch of the government. This law also governs the conditions and procedures in which administrative decisions can be reviewed by court. However, judicial...
Persistent link: https://www.econbiz.de/10014360053
We have entered an interesting constitutional era, one in which a rising sea level will help to buoy a rising tide of climate litigation, the leading edge of which lies constitutional jurisprudence as applied to the political question doctrine, preemption, dormant commerce and compact clauses...
Persistent link: https://www.econbiz.de/10014203903