A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on the other hand, aims to provide a thorough and critical...

Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American...

The Supreme Court of India had previously given a broad interpretation to the ground of public policy and thereby permitted a review of the foreign arbitral award on merits in award enforcement proceedings. The Supreme Court has recently abandoned this position. Consistent with international...

This paper examines the application of the 'dishonesty' requirement in the cartel offence in the Enterprise Act 2002. It provides an outline of the main issues with the 'dishonesty' element and the struggle of the courts to apply such an illusive provision in antitrust court proceedings. The...

The European Commission published a White Paper on 2 April 2008 on damages actions for breach of EU antitrust rules. The content of the White Paper is since then being prepared to be converted into EU legislation on private antitrust enforcement. This paper presents the developments in private...

Controlling digital piracy has remained a top priority for manufacturers of information goods, as well as for many governments around the world. Among the many forms taken by digital piracy, we focus on an increasingly common one -- namely, online piracy -- that is facilitated by torrent sites...

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. Th e article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human...

With its recent legislation on consumer ADR and ODR, the European Union (EU) pioneers the creation of a comprehensive out-of-court dispute resolution system for B2C conflicts. The proposed system raises questions as to how consumer rights can and should be efficiently enforced. We propose design...