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This paper analyses and evaluates the Hungarian Competition Office's private enforcement generating decisional practice on commitments. It pertains to this practice that commitments often remedy the detrimental consequences of competition violations and provide compensation for the victims. The...
Persistent link: https://www.econbiz.de/10013085357
In the last two decades, World Trade Organization law's public interest exceptions (Article XX GATT, Article XIV GATS, Article 2.2 of the TBT Agreement and Article 20 TRIPS) have seen the emergence and evolution of the doctrine of “weighing and balancing.” This paper provides a criticism of...
Persistent link: https://www.econbiz.de/10012837445
Populism is telling voters what they want to hear, knowing that it is neither true, nor feasible. Lately, trade and economic integration has seen the spread of untrue and unfeasible tenets, which have proved to be highly popular and have received a warm welcome. Fueled by imperial fantasies and...
Persistent link: https://www.econbiz.de/10012889429
This paper analyzes the compatibility of intra-EU bilateral investment treaties—intra-EU BITs—with EU law. The status and validity of intra-EU BITs gave rise to a heated debate in Europe, which culminated in the CJEU's recent controversial judgment in Achmea. This Article demonstrates that...
Persistent link: https://www.econbiz.de/10012898651
This paper analyzes the phenomenon of environmental and labor standards in world trade, their place in WTO law, their remarkable emergence in new generation FTAs, and explores whether the insistence of developed countries on their protection has been driven by the moral desire to protect...
Persistent link: https://www.econbiz.de/10012826621
The paper presents the experiences of Central Europe with investment arbitration. The European Union's Central European member states are the litmus test of the policy issues within the investor-state arbitration system. The paper explores the Central European treaty and policy landscape and...
Persistent link: https://www.econbiz.de/10012979264
This paper presents and analyzes Hungary's recent legislative efforts and failure to exclude arbitration in matters involving (Hungarian) national assets, demonstrating the difficulties a country faces if it attempts to defy the prevailing pattern of dispute settlement in international trade....
Persistent link: https://www.econbiz.de/10012979839