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Full-Text Articles in Law
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
Cynthia M Ho
This Article discusses an important, yet understudied threat to patent, as well as other intellectual property sovereignty under TRIPS: pending and potential challenges by companies under international agreements protecting investments. Although such agreements have existed for decades, Philip Morris and Eli Lilly are blazing a new path for companies to sue countries they claim interfere with their intellectual property rights through so-called investor-state arbitrations. These suits seek hundreds of millions in compensation and even injunctive relief for alleged violations of internationally agreed intellectual property norms. The suits fundamentally challenge TRIPS flexibilities at the very time the Declaration on Patent Protection …
Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski
Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Emanuela A. Matei
No abstract provided.
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
Emanuela A. Matei
The unlawfulness of the intra-EU BITs, the experiences of the new Member States unremittingly involved in investor-to state disputes and the tumultuous debates during the T-TIP negotiations are first and foremost examined from a legal perspective underlining the clash between a system designed for preferential treatment and the EU legal order based on the prohibition of discrimination. The ISDS clause represents an attribute of procedural inequality, which is furthermore convoluted by the constitutional structure of the Union i.e. the strictly limited access of private persons to supranational courts. This article enlarges the scope of the review of incompatibility by placing …
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Emanuela A. Matei
Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …