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This chapter examines the ways in which the European Union (EU) has reacted to panel and Appellate Body Reports of the World Trade Organization (WTO). The rejection of direct effect of WTO law and jurisprudence by the Court of Justice of the European Union (ECJ) left to the EU's political organs...
Persistent link: https://www.econbiz.de/10012825451
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
The TRIPS Agreement, administered by the World Trade Organisation, ensures the smooth functioning of the international patent system. It promises among others that local and foreign firms are treated in the same, non-discriminatory manner. We test for whether national treatment has been upheld...
Persistent link: https://www.econbiz.de/10012864958
Commercial courts around the world encounter prolonged legal procedures, which harms businesses that require dispute resolution through the legal system. This paper, for the first time, tests whether a country's quality of business regulation impacts the average commercial case disposition time....
Persistent link: https://www.econbiz.de/10012969202
Bitcoin is making near-daily headlines, whether about its volatile exchange rate, the regulatory issues is raises, or its criminal associations. As the public becomes familiar with the idea of virtual currencies, many people struggle to understand why users exchange government-backed...
Persistent link: https://www.econbiz.de/10012972965
Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars of corporate social responsibility (CSR) have discussed and debated several frameworks for improving corporate response to social and environmental problems. However, CSR discourse rarely delves...
Persistent link: https://www.econbiz.de/10012979621
Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the...
Persistent link: https://www.econbiz.de/10013011419
The "Centre of Main Interests" ("COMI") is one of the most relevant concepts in the international insolvency scene. It is used as the main criterion to assign jurisdiction in cross border insolvency cases in the vast majority of the European countries, the United States and every state that has...
Persistent link: https://www.econbiz.de/10013012352
We study pay-for-delay settlements between a patent holder and a challenger when the patent holder can introduce follow-on products. We show that ignoring follow-on products biases the inferred competitive harm of pay-for-delay settlements (the "Actavis inference"). The reason is that patent...
Persistent link: https://www.econbiz.de/10012849921
The rise of financial technology (fintech) has the potential to provide better-quality financial services to more people. Although these enhanced financial services have arisen to meet consumer need, their regulatory status threatens that progress. Many fintech firms are regulated on a...
Persistent link: https://www.econbiz.de/10012854570