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The great challenges of our time – such climate change/environmental protection, the preservation of basic human rights, the speedy response to regional/civil war conflicts – require powerful and effective answers from international law. Also at the national level, the international...
Persistent link: https://www.econbiz.de/10013291519
This is an article written for a symposium on Joel Trachtman's book, The Future of International Law. I first deal with the contractarian features of Trachtman's approach to understanding international law. Using the tools of new institutional economics and constitutional economics, Trachtman...
Persistent link: https://www.econbiz.de/10013031769
The present article is motivated by the growing interest in the problem of copyright limitation and the comparatively low interest in the problem of legal system connections. Despite the fact that differences in regulation have been recognised for a long period of time, there is still no...
Persistent link: https://www.econbiz.de/10013032264
corporations. The core claim of the article is that the TRIPS agreement, which is the World Trade Organization agreement dealing …
Persistent link: https://www.econbiz.de/10013035270
Persistent link: https://www.econbiz.de/10013210187
The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's...
Persistent link: https://www.econbiz.de/10013214737
Persistent link: https://www.econbiz.de/10013187110
Despite the large number of environmental agreements at the global, regional and bilateral levels, the role of customary international law remains of great importance in practice. First, many treaties which are in force remain largely unimplemented. Secondly, treaties only bind those States that...
Persistent link: https://www.econbiz.de/10013243693
Sovereign rights in Exclusive economic zones and Continental shelves are functionally limited to the economic exploitation of these zones. Moreover, in the case of disputed maritime zones these sovereign rights are neither exclusive nor necessarily constant. Nevertheless, states are still...
Persistent link: https://www.econbiz.de/10013246149