This article analyses the role of national and international intellectual property (IP) law in assessing IP as a protected investment. It offers two approaches for controlling investment arbitration related to intellectual property rights (IPRs), followed by an examination of the implications...

The broad nature of the arm’s length principle embedded in article 9 of tax treaties gives rise to various interpretative issues. Even though the transfer pricing rules are drafted to reach an approximate arm’s length result, the open-ended nature of these rules make it difficult to assess...

Sovereign debt and its restructuring -- Holdout creditor problems and foreign law debt : the Argentine debt restructurings in courts and tribunals (2001-2016) -- Holdout creditor problems and domestic law debt : the Greek debt restructuring in courts and tribunals (2012-2020) -- Holdouts in...

This century's major disasters from Hurricane Katrina and the Fukushima nuclear meltdown to devastating Nepalese earthquakes and the recent crippling volcanic eruptions and tsunamis in Tonga have repeatedly taught that government institutions are ill-prepared for major disaster events, leaving...

The 30th anniversary of the signature of the German-Polish Neighbourhood Treaty (1991) is an excellent opportunity to reflect on Polish-German relations in terms of current challenges regarding environmental issues and the possibility of developing a joint strategy to counteract the progressive...

The European Court of Justice examines the conformity of German co-determination under European law.Professor of law Bernard Johann Mulder, University of Oslo, argues that, in the case at issue, national law is not incompatible with EU law. Consequently, there is no discrimination on the grounds...

La Cour de justice de l'Union européenne examine la conformité de la loi allemande sur la cogestion par rapport au droit de l'Union. Selon le professeur de droit Bernard Johann Mulder, de l'Université d'Oslo, le droit national n'est pas incompatible avec le droit de l'UE dans le cas...

This article explores how the broadest spirited exception in the framework of the World Trade Organization, commonly referred to as the prudential carve-out, could be applied without adding to or diminishing the rights and obligations of WTO Members. It argues that through the customary rules of...

This paper derives the impacts of legal system characteristics and auditing standards on auditor behavior (audit quality), and analyzes the determination of optimal auditing standards under different legal regimes. Legal regimes are characterized by differences in the uncertainty concerning the...

This study investigates whether differences in accounting standards across countries create information costs that inhibit firms from investing in foreign markets. Using the frequency and dollar magnitude of cross-border mergers and acquisitions (M&A) from 32 countries over the period 1998-2004,...

This article addresses aspects of the relationship between transnational commercial law treaties and national law. It provides a conceptual framework for understanding core features of that relationship. The framework is then applied to the case of the Convention on International Interests in...

An introduction to public-private partnerships --P3s across Canada --Assessing P3s : the public sector --The procurement process --Risk allocation --The project agreement --Financing P3 projects --Pass-down of risk part I : common principles --Pass-down of risk part II : construction --Pass-down...

The issue of the report between European Union law and national law represents an extremely present discussion in the field of work force free movement. The European Commission has concluded in its last year’s rapports that the rights of the workers are violated most often through the...

Die Bedeutung des Europäischen Gerichtshofes (EuGH) als "Motor der Integration" ist allgemein anerkannt. Welche Auswirkungen die Rechtsprechung des Gerichtshofes in den EU-Mitgliedstaaten hat, ist bisher weniger gut erforscht. Dieser Artikel analysiert die Umsetzung der Urteile Laval (C-341/05)...

The implementation of European Union directives into national law is at the discretion of member states. We analyze incentives for member states to deviate from these directives when the European Commission may sue a defecting member state and rulings at the European Court of Justice (ECJ) are...

Products have an effect on the environment. Depending on their composition, their production method and how they are used, they can either become a source of pollution, or they can be designed in such a way as to avoid negative secondary effects. This article aims to schematically present, in a...

This report examines how current legal provisions in Algeria, Egypt, Jordan, Libya, Morocco and Tunisia are impacting women’s ability to fully participate in economic life, both as employees and entrepreneurs. It is based on a comparative analysis of the various rights set out in...

With the entrance into force of the Treaty of Lisbon, at 1st December 2009, the criminal law has passed from the exclusively national sphere of the Member States under the patronage of the European Union. According to the Treaty, the European Parliament and the Council now have the possibility...

"Unity in Diversity" was the fortunate motto of the otherwise unfortunate Draft Constitutional Treaty. The motto did not make it into the Treaty of Lisbon. This essay argues that it deserves to be kept alive albeit in a new constitutional perspective, namely the re-conceptualisation of European...

Der Klimawandel mit seinen Folgen für das Erdsystem lässt sich nur mit einer globalen Rechtsarchitektur bewältigen. Diese integriert eine Vielfalt von Steuerungsarrangements von lokaler und transnationaler Selbstregulierung in Gesellschaft und Wirtschaft über innerstaatliches Recht und...

Introduction -- Fundamentals and objective -- Source taxation of business profits according to the OECD model -- Source taxation of business profits from a national point of view of Germany, the US and the BRIC states -- Cross-country analysis of the OECD and national PE concepts and the rules...

This paper develops a full-fledged cost-benefit analysis of monetary integration, and applies it to the currency unions actively pursued in Africa. The benefits of monetary union come from a more credible monetary policy, while the costs derive from real shock asymmetries and fiscal disparities....

Determining the law applicable for natural persons has special importance in the private international law, considering the way in which this legal institution is regulated and influences other institutions of private international law, like: law embezzlement, renvoi, public order, legal...

European Convention on Human Rights focuses on the concept of state responsibility, but also the responsibility of the Community as a result of actions taken by EU institutions and the responsibility of Member States, i.e. the actions taken by state authorities in exercise of the powers of the...