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Articles 1 - 30 of 569
Full-Text Articles in Entire DC Network
Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford
Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford
Scholarly Works
Coastal U.S. states, including many that have opposed proactive U.S. climate policies, are contemplating entrance into the supply side of the international carbon credit markets by, among other things, hosting revenue-generating blue carbon projects on their submerged lands. The voluntary carbon credit markets already facilitate private investment in such activities, and the emerging Paris Agreement Article 6 framework is poised to generate investment interest at the national level as well. Reviewing these trends, this Perspective questions whether this is good climate, environmental, and social policy, and advises further oversight and accountability.
Ukraine’S Supreme Court: Upholding Justice Amid War, Olena Kibenko, Cristobal Diaz
Ukraine’S Supreme Court: Upholding Justice Amid War, Olena Kibenko, Cristobal Diaz
Judicature International
No abstract provided.
Decoding U.S. Tort Liability In Healthcare's Black-Box Ai Era: Lessons From The European Union, Mindy Duffourc, Sara Gerke
Decoding U.S. Tort Liability In Healthcare's Black-Box Ai Era: Lessons From The European Union, Mindy Duffourc, Sara Gerke
Faculty Scholarly Works
The rapid development of sophisticated artificial intelligence (“AI”) tools in healthcare presents new possibilities for improving medical treatment and general health. Currently, such AI tools can perform a wide range of health-related tasks, from specialized autonomous systems that diagnose diabetic retinopathy to general-use generative models like ChatGPT that answer users’ health-related questions. On the other hand, significant liability concerns arise as medical professionals and consumers increasingly turn to AI for health information. This is particularly true for black-box AI because while potentially enhancing the AI’s capability and accuracy, these systems also operate without transparency, making it difficult or even impossible …
Regulation Of Standards In Technology Markets Between Competition Policy And International Trade - The Chinese And European Experience (Foreword), Paolo Davide Farah
Regulation Of Standards In Technology Markets Between Competition Policy And International Trade - The Chinese And European Experience (Foreword), Paolo Davide Farah
Book Chapters
The regulation of standard setting varies significantly across regions and covering and comparing in detail the EU and Chinese regimes is an interesting decision and illustrates how two highly bureaucratic systems address the regulation of technological advancements.
The analysis demonstrates how not only legal and economic considerations play a role in the regulation of standards, but also and most importantly political ones. The “openness” of China’s standardization is a telling example in this regard. China created a specific system for standard setting and invested heavily in high-tech industries. Initially, the State backed the industry to support the creation of a …
Looted Cultural Objects, Elena Baylis
Looted Cultural Objects, Elena Baylis
Articles
In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …
Supporting Compliance Of Occupational Safety And Health Requirements - European Labour Inspection Systems Of Sanctions And Standardised Measures, Victor Hrymak
Articles
European legislation for occupational safety and health (OSH) is based on the prevention of accidents and ill health. Apart from European directives, all Member States have national laws and strategies and expect enterprises to implement this preventative ethos, and thereby ensure adequate performance in OSH. Labour Inspectorates monitor and if necessary enforce these laws by deploying individual Labour Inspectors to chosen enterprises. If workplace safety and health conditions are found to be substandard, Labour Inspectors are expected to improve the situation using persuasion and, if necessary, their authority to compel enterprises through specific sanction powers. Bruhn (2009) describes this interaction …
The Knottiest Of Gordian Knots: Article 17 Of The Copyright Directive, Mark Hyland, Thomas Perry
The Knottiest Of Gordian Knots: Article 17 Of The Copyright Directive, Mark Hyland, Thomas Perry
Articles
This article analyses the much debated Article 17 of the EU Copyright Directive (Directive 2019/790) in the light of last year’s comprehensive European Commission guidance. The aim of the guidance is to support a correct and coherent transposition of Article 17 across the EU27. Following the recent landmark judgment in Case C-401/19, Poland v European Parliament and Council of the EU, some commentators have now suggested that it might be timely for the European Commission to issue further guidance on Article 17.
Constitutionalism Today: The Prospects Of The European Constituional Community, Susanne Baer, Kriszta Kovacs, Maya Vogel
Constitutionalism Today: The Prospects Of The European Constituional Community, Susanne Baer, Kriszta Kovacs, Maya Vogel
Book Chapters
In the late 1940s a consensus emerged: a post-World War II, post-colonial, post-authoritarian, grand consensus in Europe and beyond. Dignity, liberty, and equality should not merely be promises on paper or an elitist privilege for the few, and representative democracy should be the way to run societies. This consensus certainly gave birth to a variety of legal regimes, but it also defined a baseline for the political systems we call constitutional democracies: first, power should be distributed to parliament and representative government via fair elections that ensure equal voting rights and a realistic option of a peaceful change of government …
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Book Chapters
In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.
This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …
Achieving A (Copy)Right To Repair For The Eu’S Green Economy, Anthony D. Rosborough, Leanne Wiseman, Taina Pihlajarinne
Achieving A (Copy)Right To Repair For The Eu’S Green Economy, Anthony D. Rosborough, Leanne Wiseman, Taina Pihlajarinne
Articles, Book Chapters, & Popular Press
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The Right to Repair is a global movement in favour of rebalancing the relationship between manufacturers and end users of products and devices. As part of the European Union (EU) Green Deal and the Circular Economy Action Plan, EU legislators have made the Right to Repair a key policy aim. To date, however, the EU’s Right to Repair policy focus has been predominantly consumer law–oriented.
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This article sheds light on another key dimension of the Right to Repair—IP (and principally copyright law). It canvasses the ways in which copyright can inhibit repair activities, including curtailing access to repair information and …
Europe's Digital Constitution, Anu Bradford
Europe's Digital Constitution, Anu Bradford
Faculty Scholarship
This Article uncovers the fundamental values underlying the European Union’s expansive set of digital regulations, which in aggregate can be viewed as Europe’s “digital constitution.” This constitution engrains Europe’s human-centric, rights-preserving, democracy-enhancing, and redistributive vision for the digital economy into binding law. This vision stands in stark contrast to the United States, which has traditionally placed its faith in markets and tech companies’ self-regulation. As a result, American tech companies today are regulated primarily by Brussels and not by Washington. By highlighting the distinctiveness and the global reach of the European digital constitution, this Article challenges the common narrative that …
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
Articles
This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …
Intra-Eu Investment Disputes And The Monopoly Over The Interpretation Of Eu Law, Petros C. Mavroidis, Frederico Ortino
Intra-Eu Investment Disputes And The Monopoly Over The Interpretation Of Eu Law, Petros C. Mavroidis, Frederico Ortino
Faculty Scholarship
Following a recent European Charter Treaty (“ECT”) decision, it appears that the fate of intra-EU investment disputes, when adjudicated in fora other than the Luxembourg courts, is finally all but sealed. In Green Power, an arbitration tribunal confirmed prior decisions taken in different jurisdictions that there is no room for adjudicating intra-EU investment disputes away from Luxembourg. This decision sided with the approach already developed by the Court of Justice of the European Union (“CJEU”) in three decisions, namely, Achmea, Komstroy, and PL Holdings, which in turn led to legislative action by the Energy Charter Treaty aiming to put an …
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas
CISLA Senior Integrative Projects
Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …
Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser
Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser
Research Collection Yong Pung How School Of Law
This article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to typical judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development …
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Faculty Scholarship
In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.
At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …
Zen And The Art Of Repair Manuals: Enabling A Participatory Right To Repair Through An Autonomous Concept Of Eu Copyright Law, Anthony D. Rosborough
Zen And The Art Of Repair Manuals: Enabling A Participatory Right To Repair Through An Autonomous Concept Of Eu Copyright Law, Anthony D. Rosborough
Articles, Book Chapters, & Popular Press
Repair manuals are an essential resource for repairing today’s modern and computerised devices. And though these manuals may contain purely utilitarian and uncopyrightable facts, they often receive copyright protection in their entirety as literary works. This protection can impede community-based efforts toward fostering a culture of participatory repair throughout the EU, including repair cafés and tool libraries. Participatory repair activities provide numerous environmental, social, and economic benefits. This article explores whether directive 2001/29/EC’s exception for “uses in connection with the repair or demonstration of equipment” at Article 5(3)(l) (the “Repair Exception”) may offer an avenue for enabling such non-profit participatory …
Globalism’S Impact On The Geopolitics Of The Middle East, Emily Patterson
Globalism’S Impact On The Geopolitics Of The Middle East, Emily Patterson
Senior Honors Theses
The important geography of the Middle East contributes to the unquestionable value of the region in international relations. Through examining the origin of geopolitics as well as the relevant political theories, and then applying these theories to the current state of the Middle East, it is evident that the geography of the Middle East has impacted the region’s international significance and stability. Understanding the unique geography assists in explaining the region’s current turmoil. The opposing interests in religion, land, and power catalyze tensions across the Middle East, producing an unstable environment around trade route chokepoints and disputed territories. War, political …
L’Utilité Du Droit Comparé (The Utility Of Comparative Law), Vivian Grosswald Curran
L’Utilité Du Droit Comparé (The Utility Of Comparative Law), Vivian Grosswald Curran
Book Chapters
French Abstract: Cette contribution était le discours d’ouverture à la Conférence des 100 ans de l’Institut Édouard Lambert à l’Université de Lyon. Elle discute de l’utilité du droit comparé dans le monde actuel d’une perspective technique dans le cadre d’une situation aux États-Unis et d’une perspective plus politique dans le cadre d’un arrêt de la CJUE.
English Abstract: This essay was delivered as a keynote address to the conference to celebrate the 100th anniversary of the Institut Édouard Lambert at the University of Lyon. It argues for the usefulness of comparative law in today’s world from a technical angle in …
International Bureaucracies: Extraterritorial Reach Of The European Commission’S Legal Expertise, Anu Bradford
International Bureaucracies: Extraterritorial Reach Of The European Commission’S Legal Expertise, Anu Bradford
Faculty Scholarship
The EU exercises significant influence over global regulatory standards, whether as a result of its ability to unilaterally export its rules to foreign markets via market mechanisms – a phenomenon that I have elsewhere described as ‘the Brussels Effect’ – or by entrenching them globally through bilateral or multilateral negotiations. In all cases, the legal expertise of the Commission is central. It either pro-actively supplies its expertise to their foreign counterparts or responds to the demand to offer technical expertise to create a rule-based order that closely imitates the regulatory state in Europe. Companies also resort to the Commission as …
European Union Law In The Member State Courts: A Comparative View, Michael Wells
European Union Law In The Member State Courts: A Comparative View, Michael Wells
Scholarly Works
Both the European Union and the United States are federal systems. Both divide law-making authority between the central government and the member states. Each has a dual judicial system, consisting of member state courts and central government courts. But the EU and the U.S. approaches to federalism diverge in two important ways. First, unlike the U.S., the EU has no system of lower federal courts. Second, in the U.S., the Supreme Court may review state court rulings that turn on issues of federal law. The European Court of Justice has no power of appellate review over the Member State courts. …
In Defense Of Its Identity, Daniel H. Halberstam, Werner Schroeder
In Defense Of Its Identity, Daniel H. Halberstam, Werner Schroeder
Articles
The Court of Justice has spoken. The Commission may now, under Regulation 2020/2092, withhold monies from Member States that do not observe the rule of law. This “budget conditionality”, if wielded smartly, should prove a powerful tool if comparative experience coaxing states through union money to follow union policies holds true in Europe. Given the limitations of national reference actions and infringement proceedings that lag behind the nefarious strategies of some governments, and the political obstacles to using Article 7 TEU, we cheer on this new tool of the Union. But we believe the urgency of rule of law concerns …
Legal Coding Beyond Capital?, Katharina Pistor
Legal Coding Beyond Capital?, Katharina Pistor
Faculty Scholarship
Capital, I argue in ‘The Code of Capital: How the Law Creates Wealth and Inequality’, is coded in law. Legal coding is a process that adapts and molds formal law over time, often without explicit ex ante sanctioning by a legislature or a court. Several characteristics of formal law make it susceptible to coding, including its inherent incompleteness, the strong endorsement for private autonomy, and decentralised access to a state’s consolidated means of coercion. Would a progressive European Code of Private Law (EPL-code), as proposed by Hesselink, alter any of this and what would it take to ensure that the …
Rebuilding Trust: Regulation Of Financial Advisers In The Uk, Weiping He, Han-Wei Liu
Rebuilding Trust: Regulation Of Financial Advisers In The Uk, Weiping He, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Key pointsThe 2006 UK Retail Distribution Review identified much-needed reforms to the retail investment markets. It suffered chronic problems arising from the provision of conflicted advice by financial advisers to their clients. The global financial crisis (GFC) added intense urgency to the need for reforms.As a result, commission-based charging for financial advisers were banned in 2012, and the requirements under the suitability rule were more sharply defined.This article traces the trajectory of the pre- and post-GFC reforms and the ways in which the judicial interpretations of the legislative reforms played an important role in regulating the retail investment markets.The article …
Patient Access In Fourteen High-Income Countries To New Antibacterials Approved By The Fda, Ema, Pmda, Or Health Canada, 2010-2020, Kevin Outterson, Ebiowei S F Orubu, Muhammad H. Zaman, John Rex, Christine Årdal
Patient Access In Fourteen High-Income Countries To New Antibacterials Approved By The Fda, Ema, Pmda, Or Health Canada, 2010-2020, Kevin Outterson, Ebiowei S F Orubu, Muhammad H. Zaman, John Rex, Christine Årdal
Faculty Scholarship
In 2010, the Infectious Diseases Society of America called for 10 new antibiotics by 2020 [1]. This goal was achieved in terms of the number of drug approvals, but actual patient access requires commercial launches in many countries, which itself requires sustainable commercial markets. Prior work has described limited access to new antibacterials in low- and middle-income countries (LMICs), in part due to the inability of many to afford these drugs [2]. This study examines patient access for new antibacterials in the G7 and 7 other high-income countries in Europe, to better understand other barriers to …
Loving It To Pieces: Eu Law In Us Legal Academia, Revisited, Daniela Caruso
Loving It To Pieces: Eu Law In Us Legal Academia, Revisited, Daniela Caruso
Faculty Scholarship
The Editors of the Special Issue have kindly invited me to update earlier reflections on the state of EU law in US legal academia. For a variety of reasons, it is important to me not to mislead the reader with the false promise of some kind of summa. What follows is my own perception of a complicated landscape, which I shall sketch lightly here in the hop of prompting other scholars of EU Law to report on their own US experience.
Strategic Litigation And The Evolution Of Regional Human Rights Norms: Cases From Germany And The Netherlands, Cole Kovarik
Strategic Litigation And The Evolution Of Regional Human Rights Norms: Cases From Germany And The Netherlands, Cole Kovarik
Honors Theses
This study seeks to fill gaps in our understanding of how private actors participate in international human rights politics by examining civil society involvement in European Court of Human Rights (ECtHR) cases against long-standing democracies. Descriptive analysis of an exhaustive data set of instances of civil society organization (CSO) participation in ECtHR cases against Germany and The Netherlands is complemented by a comparative case study analysis of networks of organizations that mobilized around German and Dutch cases concerning Articles 8 (right to privacy) and 10 (freedom of expression). The data suggest that civil society organizations not only appear before the …
It's All About Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda Giorgia Nicola Dr., Gino Scaccia
It's All About Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda Giorgia Nicola Dr., Gino Scaccia
Articles in Law Reviews & Other Academic Journals
This article traces the evolution of the regulation of Italian pasta from the beginning of the twentieth century until today. We show how during Fascism the production of wheat became a national battle, and pasta turned out to be the traditional product promoted by Mussolini's propaganda. During the 1960s, new regulations of Italian pasta made exclusively with durum wheat contributed to strengthening the Italian industry during the nation's economic boom. Spaghetti became a global symbol of the Dolce Vita, linking Italian pasta to a fashionable and aesthetically desirable way of life. The Italian Parliament adopted a law that obligated the …
Transparency For Whom? Grounding Land Investment Transparency In The Needs Of Local Actors, Sam Szoke-Burke
Transparency For Whom? Grounding Land Investment Transparency In The Needs Of Local Actors, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Transparency is often seen as a means of improving governance and accountability of investment, but its potential to do so is hindered by vague definitions and failures to focus on the needs of key local actors.
In this new report focusing on agribusiness, forestry, and renewable energy projects (“land investments”), CCSI grounds transparency in the needs of project-affected communities and other local actors. Transparency efforts that seek to inform and empower communities can also help governments, companies, and other actors to more effectively manage operational risk linked to social conflict.
Troublingly, the report finds that:
- Disclosures around land investments continue …
Should The European Union Fix, Leave Or Kill The Energy Charter Treaty?, Martin Dietrich Brauch
Should The European Union Fix, Leave Or Kill The Energy Charter Treaty?, Martin Dietrich Brauch
Columbia Center on Sustainable Investment Staff Publications
In the early 1990s, the European Economic Community – the predecessor of the European Union (EU) – spearheaded an initiative to promote international cooperation in the energy sector, particularly with post-Soviet States in Eastern Europe and Central Asia. Out of this process the Energy Charter Treaty (ECT) was born in 1994. Going much beyond international cooperation, the treaty allows foreign investors in the energy sector to sue their host States in international arbitral tribunals and claim monetary compensation when policy measures and other State action affect their interests.
Fast-forward to 2021. With 135 known cases initiated to date, the ECT’s …