The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...

This paper examines the economic regulation of international civil aviation with a view to debunking a number of myths surrounding it. The focus is on public international law understood in its classical construct. The economic regulation of international civil aviation came about in the...

In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...

Increasingly some European Union Member States are undertaking practices to revoke or refuse nationality, and thus EU citizenship. The problem is that some of these practices are unlawful, meaning that the refusal of EU citizenship might also be unlawful in turn. This article will question the...

The role of copyright law in furthering social justice is blurred. On the one hand, copyright law aims to guarantee a more or less exclusive protection. On the other hand, copyright law also intends to strike a fair balance between the interests of rightholders and the society. Such balancing...

The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...

This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...

Planet earth is host to a dazzling variety of living organisms. This diversity of life, or – biodiversity, is vital to the survival and prosperity of humanity, supplying such vital amenities as food, clothing, shelter, natural biochemicals useful in medicine, industry, and agriculture, and...

The patent law regimes of the United States and Europe are ambiguous regarding whether or not the subject matter of patents ought to be restricted to that of technology. This ambiguity is exacerbated by the difficulties faced by lawmakers in defining technology; and it confounds contemporary...