Search

Order by: Relevance | Newest | Oldest

Found documents: 103

1. Introduction Arbitration has been defined as a private process which limits its transparency by precluding public observation and participation during arbitration hearings. Judges, juries, and court clerks, along with the press and government officials, play no role in the arbitral process. This leaves the public with an opaque picture regarding the conduct and outcomes of arbitration proceedings. ...
In national cases where EU law issues arise, legal practitioners (i.e. lawyers and legal advisors) often have to deal with problems related with the meaning of a particular legal provision. In such situations, it is vital for practitioners to know how to use the interpretative tools in order, not only, to defend the client’s interests in courts at national level, but also to contribute with better ...
Sommario I would like to express my gratitude to all participants of the Junior International Law Scholars Association, who shared their comments during the 2016 seminar (the University of Pennsylvania). Similarly, I am thankful for criticism received at the seminar organised by Przegl?d Prawa Mi?dzynarodowego (Warsaw School of Economics, 2016). 1. Introduction Even though international ...
Sommario 1. Introduction International trade is one of the vastest areas of business where, due to technicalities and frenetic activity, parties often end up disputing about contractual performance, rights and obligations. Each of these disputes shall be resolved before judicial bodies and, as it often happens, it is not easy to predict the outcome of the proceedings. Whether the proceedings take ...
1. Introduction Force majeure and hardship are very often invoked in international transactions to avoid contractual liability. In general terms, force majeure «occurs when the performance of a contract is impossible due to unforeseeable events beyond the control of the parties» [1] while hardship «applies in cases where the performance of a party has not become impossible, but the grounds ...
1. Introduction When entering into negotiations, the two parties involved naturally believe in the formation and conclusion of a valid agreement. However, sometimes one of the parties may enter into such an agreement under false pretences or without any intention to conclude the contract and, in the same way, creating valid expectations for the other party that such an agreement will come into effect. ...
In this paper, the author reports on how the European and American Competition Authorities apprehend margin squeeze viz. the fact for dominant undertakings operating simultaneously as vertically-integrated entities and as downstream market participants to increase wholesale prices by reducing their retail price, thus squeezing their downstream-market competitors out.#This is significant because the ...

Magazine article - BLP - 2014/4

Vaccaro Incisa , Giuseppe Matteo

The Evolution of China’s Policy and Treaty Practice in International Investment Law: an Outline


1. Introduction In the course of its long imperial history, China’s inclination had been to regard international relations and power as regulated primarily through the lenses of trade and influence, rather than the material possession of overseas territories.[1] The Opium Wars (1839-1842 and 1856-1860) and the «unequal treaties» that ensued with Western Powers, the collapse of the Empire (1911) ...
This paper considers the ongoing debate around criminal enforcement of competition law and discusses whether the provision of criminal offences is a desirable option to prevent the great harm caused to the economy and consumers by cartel behaviour. After having given an account of the main arguments invoked to support criminalisation, the article highlights the significant difficulties – both theoretical ...
The underlying emphasis of this paper is on Article 15 of the European Convention of Human Rights (ECHR). This Article allows contracting parties to derogate from their human rights obligations in face of public emergency. Accordingly, this paper explores the circumstances and conditions that establish public emergency. In what circumstances can a state declare an emergency in accordance with the ...