Transplanting Anti-Suit Injunctions,
Texas A&M University School of Law
Transplanting Anti-Suit Injunctions, Jorge Contreras, Peter Yu
Faculty Scholarship
When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts in other jurisdictions have begun to issue anti-anti-suit injunctions, or even anti-anti-anti suit injunctions, to prevent parties from hindering the proceedings in those courts. Most of these activities have been limited to the United States and Europe, but in 2020 China emerged as a powerful new source of ASIs in global SEP litigation. The …
The Legitimacy Of Economic Sanctions As Countermeasures For Wrongful Acts,
Columbia Law School
The Legitimacy Of Economic Sanctions As Countermeasures For Wrongful Acts, Lori Damrosch
Faculty Scholarship
This essay offers an installment of what would have been a continuing conversation with David D. Caron, a close colleague in the field of international law, on themes that engaged both of us across multiple phases of our intersecting careers. The issues are fundamental ones for both the theory and the practice of international law, involving such core concerns as how international law can be enforced in an international system that is not yet adequately equipped with institutions to determine the existence and consequences of violations or to impose sanctions against violators; and how to ensure that self-help enforcement measures …
Article 5 Of The North Atlantic Treaty: Past, Present, And Uncertain Future,
University of Georgia School of Law
Article 5 Of The North Atlantic Treaty: Past, Present, And Uncertain Future
Georgia Journal of International & Comparative Law
No abstract provided.
Identifying Fundamental Breach Of Article 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality,
University of Michigan Law School
Identifying Fundamental Breach Of Article 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality
Michigan Journal of International Law
Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …
Negara Hukum Indonesia Ditinjau Dar! Sudut Teorl Tujuan Negara,
Universitas Indonesia
Negara Hukum Indonesia Ditinjau Dar! Sudut Teorl Tujuan Negara
Jurnal Hukum & Pembangunan
Abstract
Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum,
Universitas Indonesia
Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum, Praise Juinta Siregar
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The legal system is related to the concept of law, where the two things have an inseparable relationship with each other. In principle, the legal system regulates the life of a community so that conflicts do not occur, where if the conflict is unavoidable, then the legal system has an important role in resolving the conflict. The legal system in the judiciary has a major influence in the application of the law, especially for judges in examining and deciding a case. The Panel of Judges in deciding a case will definitely pay close attention to the legal system in its …
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model
Seattle Journal for Social Justice
No abstract provided.
The Brussels Effect,
Columbia Law School
The Brussels Effect, Anu Bradford
Faculty Scholarship
This Article examines the unprecedented and deeply underestimated global power that the EU is exercising through its legal institutions and standards, and how it successfully exports that influence to the rest of the world. Without the need to use international institutions or seek other nations' cooperation, the EU has a strong and growing ability to promulgate regulations that become entrenched in the legal frameworks of developed and developing markets alike, leading to a notable "Europeanization" of many important aspects of global commerce. The Article identifies the precise conditions for and the specific mechanism through which this externalization of EU's standards …
Urgensi Pertanggungjawaban Pidana Korporasi,
Universitas Indonesia
Lembaga, Badan, Dan Komisi Negara Independen (State Auxiliary Agencies) Di Indonesia: Tinjauan Hukum Tata Negara,
Universitas Indonesia
Lembaga, Badan, Dan Komisi Negara Independen (State Auxiliary Agencies) Di Indonesia: Tinjauan Hukum Tata Negara
Jurnal Hukum & Pembangunan
Abstract
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