Monthly Archives: April, 2021

Arthur Poon, ‘Determining the Place of Performance under Article 7(1) of the Brussels I Recast’

ABSTRACT This article calls for a reassessment of the methodology in determining the place of contractual performance under Article 7(1) of the Brussels I Regulation Recast. The first part of the article deals with Article 7(1)(a). It argues that in light of the adoption of autonomous linking factors under Article 7(1)(b), more types of contracts […]

‘Proposals to allow electronic documents would revolutionise trade’

“The Law Commission has announced a consultation on proposals to allow for the legal recognition of electronic versions of documents such as bills of lading and bills of exchange. If implemented, the reforms could revolutionise global trade and bring the processes into the 21st Century. We are also considering reform of the legal treatment of […]

Graham Greenleaf, ‘Global Data Privacy Laws 2021: Despite COVID Delays, 145 Laws Show GDPR Dominance’

ABSTRACT The 50th anniversary in 2020 of the world’ s first data privacy law, the Datenschutzgesetz 1970 of the state of Hesse in Germany marks the first half century of their development. This article focuses on changes in the global development of these data privacy laws in 2019-20. In summary, the number of countries that […]

Harry Flechtner, ‘The Past, Present and Future of the CISG (and Other Uniform Commercial Code Law Initiatives)’

ABSTRACT As the keynote speaker of the Spring 2019 CISG Conference, Harry M Flechtner, Professor Emeritus, University of Pittsburgh School of Law, candidly shares his perspectives on the development and progress of the Convention on the International Sale of Goods (CISG) through the years. He begins with his initial introduction to the convention and then […]

Dagan and Heller, ‘Can Contract Emancipate? Contract Theory and The Law of Work’

ABSTRACT Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we re-unite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. […]

Daryl Lim, ‘The Influence of Alice

ABSTRACT The Supreme Court’s decision in Alice Corp v CLS Bank has had a decimating influence on patents and patent applications. Its long shadow looms over every stage of a patent’s life cycle – from prosecution to litigation and the administrative post-grant process at the patent office. In their article, Professor Jay Kesan and Dr […]

Brian Slocum, ‘The Contribution of Linguistics to Legal Interpretation’

ABSTRACT Is the expertise of linguists relevant to the interpretation of legal texts? If so, can this expertise contribute to a more sophisticated understanding of legal interpretation than currently exists? This chapter addresses the value of linguists’ expertise to legal interpretation by examining the determinants of meaning of legal texts. On one view, the meaning […]

Garcia-Teruel and Simón-Moreno, ‘The digital tokenization of property rights. A comparative perspective’

ABSTRACT Blockchain technology allows virtual disintermediation and automatization of property transactions, which might help to design future platforms, intended to facilitate cross-border transactions within the EU and worldwide. To this end, users of these blockchain-based platforms may create the so-called ‘digital tokens’ or ‘colored coins’ that aim to represent rights over different types of ‘real […]

Risch and Viney, ‘The Way Lawyers Worked’

ABSTRACT Court and litigation operations are opaque in the best of times, and the lack of detailed records from the Nineteenth Century makes it even more difficult to learn how lawyers and judges went about their business. This may be one of the reasons why there are very few accounts of the nuts and bolts […]

‘Jurisdictional Issues on Cryptocurrency Transactions’

ABSTRACT Due to the recent explosion of interest in cryptocurrency and all its implications for both new and traditional businesses, there is a growing need for clarity regarding the legal implications of these new technologies and currencies As governments around the world, regulatory agencies, central banks, and other financial institutions are working to understand the […]