Category Archives: European Private Law

‘Climate Change, Responsibility and Liability’: International Conference, Graz, Austria, 8-10 November 2018

“Conference Program: Thursday, November 8th, 2018: University of Graz, Aula – 9:00 Welcome: Dean, Faculty of Law. Climate change, impacts and attribution of anthropogenic causes: status and challenges Gottfried Kirchengast, Douglas Maraun, Andrea Steiner, University of Graz; Oslo Principles and Climate Principles for Enterprises Jaap Spier, University of Amsterdam; Attribution of moral and political responsibilities […]

Mark Van Hoecke, ‘Do judges reason differently on both sides of the Channel?’

“Mark Van Hoecke, Professor of Comparative Law, gave an insightful inaugural lecture on ‘Do judges reason differently on both sides of the Channel?’, at the School of Law, Queen Mary University of London, on 3rd September 2018. To a keen audience of academics and practitioners, Professor Van Hoecke compared Common Law reasoning with that of […]

Montagnani and Trapova, ‘Safe harbours in deep waters: a new emerging liability regime for Internet intermediaries in the Digital Single Market’

Abstract Online intermediaries, often categorized as the gatekeepers of information, have become major protagonists in a variety of policy and legislative actions within the EU Digital Single Market. These initiatives endeavour to tackle illegal content online by imposing enhanced responsibility rules. The emerging scheme undertakes to nevertheless maintain the safe harbour liability exemption under the […]

Pascal McDougall, ‘Policy, Politics and Aesthetics in Non-American Private Law: A Comparative Study of Contract Performance Interruption’

Abstract In the United States, it is widely accepted that ‘policy,’ meaning conflicting societal values and interests that can be weighed, plays an important role in private law reasoning. However, in many other polities, including France, England, Quebec and English Canada which this article scrutinizes, the role of policy in private law is either strenuously […]

Van Gulijk and Hulstijn, ‘Ensuring Data Protection by Private Law Contract Monitoring: A Legal and Value-Based Approach’

Abstract Current legal frameworks for data protection are based on public law. They have a number of flaws. The notion of informed consent does not work in practice. Public legislation only covers the protection of personal data, but it doesn’t cover data about groups and it doesn’t cover conditions on usage of data for certain […]

‘Historical moment in European private law: Urgenda Decision UPHELD by Dutch Court of Appeal and provided with stronger legal ammunition’

Today, another historical decision is rendered in the Dutch Urgenda case, this time by the national Court of Appeal in The Hague. For the first time ever, Articles 2 and 8 of the European Convention on Human Rights (ECHR) are interpreted to cover positive obligations related to climate change. These lead to state liability under […]

Tanya Aplin, ‘The Impact of the Information Society Directive on UK Copyright Law’

Abstract This paper examines the impact of Directive 2001/29/EC in light of two major developments since 2011. The first is the extensive growth of EU jurisprudence on Directive 2001/29/EC and, particularly, increased judicial harmonization of copyright. As a result of this shift, clarity on some – but not all – aspects of Directive 2001/29/EC has […]

Thomas Papadopoulos, ‘Reincorporations: a comparison between Greek and Cyprus law’

Abstract This paper aims at analyzing the legal framework of reincorporations and subsequent change of applicable law in Greece and Cyprus. A comparison between Greek Law and Cyprus Law will be drawn. This article highlights possible required reforms. Cyprus has a quite detailed legal framework of voluntary inbound and outbound reincorporations. While Greece has certain […]

‘Oxford Handbook of European Legal History’

The Oxford Handbook of European Legal History, edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey, has been published. The Oxford Handbook of European Legal History charts the landscape of contemporary research and the shift from national legal histories to comparative methods, which have profoundly affected the way we understand legal transformation at the […]

‘UK Copyright if there’s no Brexit deal’

“The UK’s Department for Business, Energy and Industrial Strategy has now published its long awaited paper which offers guidance on what will happen with copyright if the UK leaves the European Union with ‘no deal’ outcome – an increasingly likely scenario (although the paper paints a more positive picture!) …” (more) [The 1709 Blog, 4 […]