In the age of globalization the relevance of international trade has increased tremendously. As a consequence, many transactions go beyond the legal framework of the nation state. Mechanisms provided by the nation states are not anymore suitable to secure international transactions. The...

Commerce always requires an institutional embedment. Basically, private Institutions as well as state institutions can provide the normative good of legal certainty understood as the enforceability of contractual commitments. While for domestic commerce, the balance between the importance of...

The control of state aid is an unique feature of competition policy in the European Union. This paper sets out to show the balance between Member States and the European Union in the area of state aid policy. After a brief overview of the principles underlying the enforcement of state aid law in...

The Canadian government has a policy of searching laptop computers at airports and other border crossings. It is considered an outrageous policy by those who have been subjected to this gross invasion of privacy, and it has drawn some press attention. The Canadian courts have yet to rule on the...

Spanish Abstract: El Nuevo Constitucionalismo Latinoamericano (NCL) es una teoría que enmarca las cartas políticas surgidas en las últimas décadas en Colombia, Venezuela, Ecuador y Bolivia. Estas constituciones comparten características especiales respecto a la originalidad y apropiación...

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...

Using individual level data, this paper examines how and to what extent behavior and perception of those bringing lawsuit’s differ between large district courts (competitive lawyer market) and medium or small district ones (less competitive lawyer markets). The major findings are; (1) in medium...

This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...

This paper considers the factors the allowed for the birth and facilitated the subsequent development of the equity side and the finance (or debt) side of the Islamic capital markets. The equity side of the Islamic capital markets began in 1998 with the issuance (after five years of debate) of a...