Monthly Archives: December, 2024
Eyal Zamir, ‘Disclosures, Defaults, and Mandatory Rules: Conceptions and Misconceptions’
ABSTRACT This contribution to the Oxford Handbook of Regulatory Contract Law (Alexander Hellgardt and Yeşim Atamer eds, forthcoming) begins by analyzing the basic characteristics of the three most common modes of regulating contracts: disclosure duties, substantive default rules, and substantive mandatory rules. It then argues that there are no clear boundaries between these modes of […]
‘Professor Explains Legal Background Behind Murdoch Trust Dispute’
Rupert Murdoch, the 93-year-old media magnate with holdings such as Fox News and The Wall Street Journal, recently lost a legal battle to amend the terms of his family trust. The Nevada probate commissioner ruled against Murdoch’s attempt to grant his eldest son, Lachlan, sole control of the family media empire. The trust, established during […]
Alba Ribera Martínez, ‘Ultra Vires Compliance as a GDPR Harm’
ABSTRACT Data protection regulation does not apply in terms of a black-and-white response to a particular set of conducts exercised by data processors and controllers. As stemming from the General Data Protection Regulation’s blueprint, co-regulation characterises most of its main tenets, namely via certification and technical standards. Lack of compliance with the principles of data […]
Farrington and Poesen, ‘Applicable Law In Claims For Damage Arising Out Of Unsafe Working Conditions: The Case of Begum v Maran’
ABSTRACT This article explores the issue of applicable law in cross-border negligence claims for damage arising out of unsafe working conditions. While there are special rules relating to environmental damage, no such equivalent exists for damage arising out of unsafe working conditions. Yet, such cases represent a significant subset of business and human rights claims. […]
Okoli and Oppong, ‘Enhancing the Draft African Principles on the Law Applicable to International Commercial Contracts’
ABSTRACT This article examines the draft African Principles on the Law Applicable to International Commercial Contracts, evaluating current and proposed choice of law rules in numerous African countries and incorporating global comparative perspectives. It argues that the African Principles should not only largely echo regional/supranational and international instruments like the Rome I Regulation and the […]
Gabriel Eckstein, ‘Who Owns the Heat? Property Rights in Geothermal Energy’
ABSTRACT Landowners can have ownership claims to oil, gas, water, and other tangible natural resources located in their subsoil. But can they also claim rights to the thermal energy found below their land? With 50,000 times more heat energy within the top 10,000 meters (around 33,000 feet) of the Earth’s surface than contained in all […]
Maria Miguel Carvalho, ‘“Le Big Mac” and The Lack of Use of the Trade Mark’
ABSTRACT In this paper, we aim to examine a relevant issue concerning the extinction of the rights conferred by trade mark registration in the absence of genuine use, confining our analysis to European trade mark law. After referring very briefly to the legal regime set out in this realm, we focus on a recent case […]
Charles Brower, ‘Neglected, Perplexing, Unpredictable: Remedies in International Commercial Arbitration’
ABSTRACT People often treat awards as the focal point of international commercial arbitration. But awards are not the focal point; remedies are. Yet remedies remain an undertheorized topic in international commercial arbitration. The whole topic of remedies is neglected in the sense that there is almost no quantitative data on the remedies requested or awarded […]
Talya Deibel, ‘The Civil Law and the Inner Self: Roman Iniuria and the Transformation of the Private Sphere’
ABSTRACT This paper focuses on the transhistorical nature of the protection of personality interests in the civilian tradition. It takes Roman iniuria as a key concept to analyze the legal protection of the ‘inner selves’ of human beings. The legal framework of iniuria stands out as an illustration of how social and moral phenomena which […]
Vanessa Mak, ‘Redefining equality in European contract law: protecting consumer interests in a post-consumer society’
ABSTRACT Consumers have in law been defined as the weaker parties in a transaction. Contract laws have integrated consumer protection with a view to balancing the interests of the parties, ensuring equal bargaining power and to some extent substantive fairness in contractual relations. Rules of consumer protection have therefore, from a contract lawyer’s perspective, been […]