Monthly Archives: September, 2024
Omar Farque, ‘The Myth of an Arbitrator’s Duty to Render an Enforceable Award: Theoretical Foundation and Extent’
ABSTRACT Impressively, the stakeholders in modern times are resorting to international arbitration to resolve commercial disputes as it is often perceived as being cheaper; more confidential; and less time-consuming than court proceedings, and the award is easier to enforce than a court decision. Hence, it would go into the vein, if the arbitral awards-the result […]
Jie (Jeanne) Huang, ‘A System Without Ownership: How China’s New Data Property Rights System Will Impact Digital Trade’
ABSTRACT China announced an unprecedented data property rights system to promote data commercialization in December 2022 and issued implementation rules in 2023. The property rights system attempts to clarify data handlers’ rights over ‘big data’ (ie data derived or constituted from personal or nonpersonal data). It also establishes parameters for China’s regulations concerning data handlers […]
Charlotte Ellis, ‘Regulating Commercial Contracts: What can we Learn from Part II of the Housing Grants, Construction and Regeneration Act 1996?’
ABSTRACT This paper challenges the assumption that contract law plays a minimal or background role in facilitating the trust and co-operation which are key to the successful operation of commercial markets, using a case study of a market where legislative intervention on the content of contracts plays a crucial role: the UK construction industry, regulated […]
Eric Descheemaeker, ‘Legal Persons and the Right to Privacy’
ABSTRACT This article examines what the state of the law regarding the tortious protection of the privacy of corporations tells us about the concept of a legal person. Given that non-human persons are capable of having an interest in at least their informational privacy, logic would seem to dictate that they should be recognised such […]
Symeon Symeonides, ‘Private International Law Bibliography 2023: US and Foreign Sources in English’
This is the Eighteenth Annual Bibliography of Private International Law compiled by the undersigned as a service to fellow teachers and students of this subject. It includes 124 books and 291 journal articles that appeared in print in 2023. The term ‘private international law’ is used here in the broadest and arguably expanded sense. It […]
Amy Held, ‘(Digital) Things as Objects of Property Rights: What Can Crypto Learn From Comparative Law?’
ABSTRACT This review article engages critically with Christian von Bar’s proposed definition of things as objects of property rights and their proposed place as one category in a tripartite taxonomy of the objects of private law; both expounded as part of a broader aim of bringing together the property laws of the Member States of […]
Robin Kundis Craig, ‘Just Add Water: The Muddy World of Private Property Rights in a Panarchal Reality’
ABSTRACT Advocates for private property rights tend to atomize real property, dividing land into individual parcels and, legally, ‘bundles of sticks’. Only a few common-law doctrines, such as nuisance, acknowledge the potential for activities on one real estate parcel to affect either other discrete parcels or the community as a whole. In the US Supreme […]
Kar and Yu, ‘The Contractual Death and Rebirth of Privacy’
ABSTRACT This article proposes for the first time using ‘shared meaning analysis’ – a general method of contract interpretation first introduced by Professors Kar and Radin in ‘Pseudo-Contract and Shared Meaning Analysis’, 132 Harvard Law Review 1135 (2019) – to determine when the text in an online privacy policy contributes a legally enforceable term to […]
Tatiana Synodinou, ‘Access Restrictions in a Dematerialized World: An EU Copyright Law Perspective’
ABSTRACT Digitalization has radically transformed the way we understand and enjoy property. The function of property has changed. It has been transformed into a right to administer access to resources, such as experiences or functionalities. In other words, we do not need physical possession in order to enjoy it. The concept of property is intrinsically […]
Christine Desan, ‘Property, Money, and the Claim of Capital’
ABSTRACT Capitalism identifies as essential a particular relationship between property and money. According to that claim, property is a material claim secured to free and equal individuals. Money is the instrument that measures, transfers, and stores that value in stable form, an instrument emergent from exchange and neutral in the sense that it does not […]