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Jürgen Basedow, Jörg Philipp Terhechte, Lubos Tichý - Private Enforcement of Competition Law

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Jürgen Basedow, Jörg Philipp Terhechte, Lubos Tichý

Private Enforcement of Competition Law

2011

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Harm and Damages as Economic and Legal Categories in Antitrust Law S. 29-47

„… who should be entitledto sue under antitrust law. The economic harm becomes a legal one by granting …” „… restrict or still restrict standing to sue under antitrust law to asubset of those economic actors who are …” „… .Schäfer, H.-B./Ott, C. (2004), The Economic Analysis of Civil Law, Cheltenham.Shavell, S. (1982), The …”

Economic and Legal Substance of Damages S. 47-64

„… competition law damages claims, Competition Law Journal 7(2008) 1, p. 44.31 See Economic Code (Act Nr …” „… of deterrence and strengthening the efficiency of competition law.Former Commissioner Monti outlined …” „… lead to unexpected social and economic implications. Lawyers, nominally representing private enforcers …”

The Collective Protection of Cartel Law in the Czech Republic S. 120-124

„… nature.Material law problems arise from the fact that liability for damage caused withinthe scope of economic …” „… (aparticipant in economic competition, Czech business law perceives companies as theobjects (subjects) of a …” „… public to privaterights protection in any area and thus also apply to cartel law.As a result of the …”

Recognition of Decisions within the European Competition Network and its Significance in Civil Claims in Cartel Law S. 180-200

„… following premises:a) this involves the implementation of European administrative lawb) the law’s aim is to …” „… Claims in Cartel LawLuboš TichýAim. Definition of the ProblemMy topic belongs to the field of competition …” „… Member State’s territory in which the action took place.International Administrative LawPrinciples of …”

Titelei/Inhaltsverzeichnis S. 2-6

„… PetrDamage as Legal and Economic CategoryHarm and Damages as Economic and Legal Categories in Antitrust Law …” „… Enforcement of Competition LawNomos1. Auflage 2011© Nomos Verlagsgesellschaft, Baden-Baden 2011. Printed in …” „… Law – Harmonizing Private and PublicApproaches in a More Differentiated Enforcement Model …”

Collective Private Enforcement in Antitrust Law – What is Going Wrong In the Debate? S. 99-120

„… economic considerations.30 Louis Kaplov, Rules vs. Standards: An Economic Analysis. Duke Law Journal 42 …” „… . Schinkel/Floris O. W. Vogelaar (eds.), Criminalisation of Competition Law Enforcement, Economic and Legal …” „… and public law enforcement is at stake, although in the field of consumer lawthe context is even more …”

Private Enforcement of Competition Law: Evidence S. 125-143

„… intenseconsidering the wide spread dissemination of economic analysis of law. The followersof the law and economics …” „… intricacies of Member State procedural law.The legal uncertainty inherent in the Member State laws of civil …” „… implementand facilitate the private enforcement of the law. This is true not only for antitrust lawbut also for …”

Passing-on S. 65-83

„… issue.EU LawTo the extent that national courts enforce Union law, they must comply with the principles of …” „… Herbert J. Hovenkamp, The Indirect Purchaser Rule and Cost-Plus Sales, Harvard LawReview 103 (1990), pp …” „… resolve the passing-on problem are limited in EU lawcontext by the CJ’s case law. Indirect purchasers must …”

Standing and Pass-on Defense in Antitrust Damage Suits: Guided by Corrective Justice or Efficiency? S. 83-98

„… . Landes/Richard A. Posner, Should Indirect Purchasers have Standing to Sue underthe Antitrust Laws? An Economic …” „… IllinoisBrick repealer statutes (IBRs), granting indirect purchasers standing under state law.Today more than 35 …” „… exactly how much damage, is an immensely complicated task, requiring complex economic analysis and a …”

Private or Public Enforcement of Competition Law? S. 230-250

„… Private or Public Enforcement of Competition Law?Robert Neruda*IntroductionEnforcement of …” „… performtasks which are generally attributed to competition law.Enforcement of competition law, essentially …” „… of lawthe right guidance, what behaviour is actually prevented by the competition law. General …”

Enforcing European Competition Law – Harmonizing Private and Public Approaches in a More Differentiated Enforcement Model S. 9-21

„… possibly affected human rights aswell as the rule of law.Thus, private enforcement can only be successful …” „… Notion, ConceptionEnforcing European Competition Law – Harmonizing Private and PublicApproaches in …” „… European Competition Law through IndividualsEuropean law is unique. On the one hand, the European Union is …”

Recognition of Foreign Decisions within the European Competition Network S. 167-180

„… the conference on „Private Enforcement of Competition Law”, Faculty of Law,Charles University, Prague …” „… State of origin in a given area of law,and put other Member States under an obligation to recognise …” „… driving licences. In contrast to the lawof civil procedure, national public law usually does not contain …”

The Ideal Model for Private Enforcement of Competition Law S. 201-218

„… exempts the state law-regulated “business of insurance” from federal antitrust laws.In addition, there …” „… Experience and FutureThe Ideal Model for Private Enforcement of Competition LawAlbert A …” „… by the victims and law-abiding businesses. Further, effective remedies forprivate parties also …”

Preface S. 7-8

„… Enforcement of Competition Law, which took place on 26-27 June 2009 on thepremises of the Law Faculty, Charles …” „… are those of the authors alone.The topic of private enforcement of competition law had been chosen in …” „… connectionwith the European Commission´s activity to stimulate the implementation of competition law by means of …”

Production of Evidence in Central and Eastern Europe S. 153-166

„… due to the economic nature of antitrust law. Secondly, the information asymmetry that typically exists …” „… Austriancartel courts for the infringement of competition law.However, the picture as regards CEE jurisdictions …” „… that the ability of private parties to bring damages claims arisingfrom breaches of competition law are …”

The Rise of a Private Competition Law Culture: Experience and Visions S. 218-230

„… Competition Law?Robert Neruda*IntroductionEnforcement of competition law has been and still is in Europe …” „… The Rise of a Private Competition Law Culture: Experience and VisionsAndreas …” „… HeinemannIntroductionThere always have been certain types of private competition law enforcement in Europe, at least in some …”

doi.org/10.5771/9783845230276

Marc P. Philipp - Intellectual Property Related Generic Defense Strategies in the European Pharmaceutical Market

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Marc P. Philipp

Intellectual Property Related Generic Defense Strategies in the European Pharmaceutical Market

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 11 2011

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The ‘More Economic Approach’ to EU Competition Law S. 27-28

„… ‘More Economic Approach’ to EU Competition Law The EU Commission has advocated for applying a ‘more …” „… economic approach’ to competition law. This is characterized by differentiated case-bycase decisions rather …” „… it so hard for them to apply competition law to cases in the IP-heavy pharmaceutical sector.68 The …”

The Intersection of IP and Competition Law S. 25-27

„… them to apply competition law to cases in the IP-heavy pharmaceutical sector.68 The ‘More Economic …” „… Approach’ to EU Competition Law The EU Commission has advocated for applying a ‘more economic approach’ to …” „… The Intersection of IP and Competition Law Assessing a pharmaceutical company’s behavior under …”

References S. 83-92

„… .: The Economic Structure of Intellectual Property Law (The Belknap Press of Harvard University Press …” „… References Books, Articles and Working Papers ARROW, Kenneth J.: Economic Welfare and the …” „… Allocation of Resources for Invention, in The Rate and Direction of Inventive Activity: Economic and Social …”

Legal Basis and General Art. 102 TFEU Principles S. 22-25

„… ) (providing a general overview of fundamental economic theories and competition law). 57 See Id. at p.586. 58 …” „… postpone a product’s LOE or to attenuate the effect of LOE on profitability.39 EU Competition Law …” „… , the pharmaceutical sector – like any other industry – is subject to competition law, which is …”

Extension of Exclusivity Terms S. 58-70

„… such conduct from being excluded from competition law scrutiny.237 Most importantly, the economic …” „… established in patent law and 4.2.3. 4.2.3.1 212 See supra note 10 at § 987ff. as well as supra note 9 at p …” „… not seem that easy to revitalize protection from a patent law perspective. The EU Commission’s …”

Titelei/Inhaltsverzeichnis S. 2-8

„… IP, Competition Law and Economic Perspective Nomos 1. Auflage 2011 © Nomos Verlagsgesellschaft …” „… Competition Law2.2.2. 25 The ‘More Economic Approach’ to EU Competition Law 2.2.3. 27 The Sector Inquiry as an …” „… Prof. Robert Brauneis The George Washington University Law School Prof. Dr. Josef Drexl, LL.M …”

The Sector Inquiry as an EU Competition Law Instrument S. 28-30

„… healthcare debate, where many economic studies – more or less successfully – have tried to quantify drug …” „… effects on incentives to create pharmaceutical innovation. The Sector Inquiry as an EU Competition Law …” „… predetermine investigations of individual competition law cases, nor does it serve as competition law guidance …”

Restriction of the Freedom to Operate Through Blocking/Defensive Patenting S. 46-51

„… restricting a competitor’s ‘freedom to operate’ and secure its own economic situation by protecting an …” „… likely turn even more into the focus of competition law authorities.157 Giuri et al., on behalf of the EU …” „… one or multiple patents does not impose any competition law limitations. Although such a submission …”

Creation of Deterring Effects S. 51-58

„… product may already constitute a substantial economic disadvantage in conflict with Art. 102 TFEU.175 …” „… national patents is a systemic issue of EU patent law rather than of originator’s strategic behavior …” „… uncertainty for any generic competitor observing such behavior.181 From an economic perspective, the key …”

Disentanglement of the Value Chain S. 71-73

„… pharmaceutical sector. Competition law will thus be confronted with more complex scenarios. Determining …” „… the value chain through strategic partnerships. 72 From an economic perspective, originators in such a …” „… , transaction costs and a higher dependency on the economic bargaining function of the patent system for …”

Causalities, the PACE Framework and Cumulative Use of Practices S. 44-46

„… economic approach’ to competition law in chapter 2.2.3. 147 See supra note 9 at p. 591. 148 See supra note …” „… be conducted.145 As modern competition law needs to decide about anticompetitive behavior on a …” „… law violations anyway. Therefore, a more pragmatic assessment framework is developed by this thesis to …”

Product Portfolio Shift Towards ‘Nichebuster’ S. 73-75

„… From an economic perspective, originators in such a disentangled model benefit from a lower risk …” „… on the economic bargaining function of the patent system for striking effective licensing deals.279 …” „… from early stage research risk, they are also more vulnerable to competition law accusations related to …”

Conflicting Healthcare Policy Objectives S. 17-19

„… is governed by competition law. Although competition law doctrines are generally applicable to all …” „… chapter 3.2. 23 See chapter 3.2 as well as William M. Landes and Richard A. Posner, The Economic Structure …” „… of Intellectual Property Law 20 (The Belknap Press of Harvard University Press 2003). 24 See supra …”

Dynamic Competition for Substitution by Innovation S. 36-38

„… equated with an economic monopoly.”109 In the vast majority of cases, innovative drugs are in direct …” „… legitimate.113 Competition law governing the patent system normally also accepts loss of competition in case …” „… . 37 vention and incremental inventions.114 As Schnelle argues, EU competition law may however consider …”

Static Competition for Imitation of In-Market Products S. 38-41

„… vention and incremental inventions.114 As Schnelle argues, EU competition law may however consider …” „… , thus is also safeguarded by competition law even against exclusive IP rights.115 As Drexl puts it …” „… and Health Economics 7 (Yrjo Jahnsson Foundation, 50th Anniversary Conference on Economic Institutions …”

Market Relevance S. 31-32

„… law approaches to Europe’s pharmaceutical industry, this chapter now turns towards the subject matter …” „… are discussed to provide the economic and business reality under which generic defense strategies are …”

doi.org/10.5771/9783845231037

Tim Krieger, Bernhard Neumärker, Diana Panke - Europe's Crisis

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Tim Krieger (ed.), Bernhard Neumärker (ed.), Diana Panke (ed.)

Europe's Crisis

Series: Schriftenreihe des Arbeitskreises Europäische Integration e.V.

Volume 88 2016

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Christian Joerges Eighth chapter The Overburdening of European Law through Economic and Monetary Union S. 155-176

„… a reconfiguration of the law-politics relationship The Disintegrative Effects of Economic …” „… pertinent treaty provisions as prescribing a law-based order committed to guaranteeing economic freedoms and …” „… D. Law Eighth chapter The Overburdening of European Law through Economic and Monetary Union …”

Stefan Oeter Tenth chapter Conflict at the Interface of Economic Policy and Law – Cognitive Dissonance in the German Constitutional Court’s OMT Case Reasoning S. 197-220

„… Tenth chapter Conflict at the Interface of Economic Policy and Law – Cognitive Dissonance in the …” „… Interface of Economic Policy and Law 201 extremely generous perspective of the subjective rights content of …” „… chapter: Conflict at the Interface of Economic Policy and Law 203 arguments in favour of the competence of …”

About the authors S. 221-226

„… Law and Politics at the University of Bremen, Germany. Until 2007, he has been a Professor of Economic …” „… law, humanitarian law, European and international economic law, the theory of international law and …” „… About the authors CHRISTIAN JOERGES is since 2013 Senior Professor for Law and Society (part-time …”

Tim Krieger, Bernhard Neumärker, Diana Panke Introduction S. 13-26

„… his chapter „The Overburdening of European Law through Economic and Monetary Union“, traces the legal …” „… was fostered by politicians and lawyers who believed strongly in „integration through law“. By …” „… Netherlands, were not as strongly hit by the economic downturn, not the least since the investors regarded …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Overburdening of European Law through Economic and Monetary Union 155 Christian Joerges Ninth chapter Legitimacy …” „… of Economic Policy and Law – Cognitive Dissonance in the German Constitutional Court’s OMT Case …” „… in writing from the publishers. Under § 54 of the German Copyright Law where copies are made for …”

Martha Kontodaimon, Bernhard Neumärker Fourth chapter Two Level Reform Game Problems of Greece S. 67-84

„… institution itself. Still, even if the knowledge exists, and the elasticity or inelasticity of a law is …” „… Greek economic crisis. A European mass wave of negative reactions rose when on April 23rd, 2010, the …” „… the country to stabilize, Greece had been already one of the main receivers of economic support from …”

Maximilian Stephan Third chapter Debt Restructuring in Times of Crisis: A European Perspective S. 47-66

„… Economics and Law of Sovereign Debt and Default. Journal of Economic Literature, 2009 47, pp. 651-698 …” „… sovereign. Since the present chapter focuses on the economic problems related to foreign debt restructuring …” „… 2013, they are also included in bond contracts according to German law. Japanese and U.S. bonds usually …”

Robert Kappius, Bernhard Neumärker Second chapter Could Exit Rules be Self-Enforcing in the EU? The Cases of France and Germany S. 35-46

„… Union (EMU), such rules are seen as a desirable solution to enhance flexibility in case of economic and …” „… exit rule may enhance the flexibility of an international regime to cope with economic and political …” „… departure from the Euro will result in a freely adjusting exchange rate that could possibly ease economic …”

Francesco Nicoli Ninth chapter Legitimacy, Democracy and the Future of the Monetary Union S. 175-196

„… : Cambridge University Press, 2007. Joerges, C.: The Overburdening of European Law through Economic and …” „… democratic deficit), legitimacy of political systems, and economic policy-making. Second, it discusses the …” „… existed before the European economic crisis, the policies enacted so far – and the policies that the …”

Moritz Sommer, Jochen Roose, Franziska Scholl, Dimitris Papanikolopoulos Fifth chapter The Eurozone Crisis and Party Conflicts in Greece and Germany – Discursive Struggles about Responsibility S. 87-112

„… economic liberalization, provoked heated debates and popular resistance. Germany, on the other hand, grants …” „… economic interest groups, legal actors or academics can be expected to raise their voices. Hence, the …” „… economic governance, science, the judiciary, culture and others make up another 12.1%. Nearly half of all …”

doi.org/10.5771/9783845262482

Francesco Palermo, Giovanni Poggeschi, Günther Rautz, Jens Woelk - Globalization, Technologies and Legal Revolution

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Francesco Palermo (ed.), Giovanni Poggeschi (ed.), Günther Rautz (ed.), Jens Woelk (ed.)

Globalization, Technologies and Legal Revolution

Series: Schriftenreihe der Europäischen Akademie Bozen, Bereich »Minderheiten und Autonomien«

Volume 21 2012

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Federico Ortino From ‘Non-Discrimination’ to ‘Reasonableness’: A Paradigm Shift in International Economic Law? S. 13-60

„… 13 From ‘Non-Discrimination’ to ‘Reasonableness’: A Paradigm Shift in International Economic Law?1 …” „… been developed in international economic law with formal discrimination in mind. R. Hudec, ‘GATT/WTO …” „… international economic law, the concept of reasonableness may be used to protect foreign products and investors …”

Matteo Ortino The Choice Between Conflicting Interests in EU Competition Law S. 229-252

„… competition law’s scope of application because they do not involve economic activities are truly outside the …” „… of competition.1 EU competition law affects economic relations between undertakings, both directly …” „… intervention in the economy. Either way, competition law has a fundamental role in shaping the EU economic …”

Orsolya Farkas Pathways of Solidarity and European Integration S. 253-274

„… and C. Wallace, Economic and Social Law of the European Union (Palgrave Macmillan, Basingstoke, 2007 …” „… pendulum from law-making jurisprudence to national administration, leaving the national legislator to lay …” „… article: the economic and social cohesion built around the Structural Funds; situations falling within …”

Giovanni Poggeschi A Specific Problem of the Application of Regionalism and Federalism: The Case of Financial Autonomy of Catalonia S. 425-442

„… the economic factors that influence the practice of public law and of politics all over the world. But …” „… Law (or of the Lawyer) A lawyer nowadays does not need to be particularly sensitive and smart to be …” „… being frustrated lawyers by stating that positive law does not coincide with law; but this is not the …”

Francesco Palermo The ‘New Nomos’ of Cross-Border Cooperation S. 71-90

„… and minority studies, constitutional and economic law, comparative and European elements all come …” „… of a new kind of law is the law of cross-border cooperation by 1 See inter alia S. Ortino, Diritto …” „… , the legal framework has radically changed in Europe over the past two decades in all areas of law. In …”

Curriculum Vitae and Bibliography of Professor Sergio Ortino S. 539-546

„… professor of Economic Law at the University of Florence. He has taught at several universities in Italy and …” „… , University of Pisa. Visiting lectureship on Economic Law at the University of Tegucigalpa/Honduras (1978), on …” „… Lecturer in Economic Law at the Free University of Bolzano. 2002 to 2007 Lecturer in Economic Law at the …”

Gabriel N. Toggenburg The Dark and the Bright Side of the Moon: Looking at Linguistic Diversity Through the Telescope of the Common Market S. 275-316

„… University 54th Annual Conference on labor (Kluwer Law International, The Hague, 2004) and is reprinted with …” „… permission. The copyright belongs to Kluwer Law International. Gabriel N. Toggenburg 276 suddenly and …” „… being considered ‘perhaps the most important right under Community law for individuals’ and ‘an …”

Michael C. Davis Chinese Policies in Tibet: Should India Remain Concerned? S. 91-112

„… power in the top leadership of the CCP; the afore mentioned concerns regarding the law-making process …” „… ‘Chinese Policies in Tibet: Should India Remain Concerned?’ (2011) 2 The Jindal Global Law Review. The …” „… Changing Role of Law in Asia. Michael C. Davis 92 na’s occupation of Tibet since the early 1950s, China …”

Giuseppe de Vergottini Technological Innovation and Energy Networks S. 61-70

„… services, to the point of constituting so-called network law. Hence Community laws on the liberalisation …” „… of the Constitution), and depends on laws pertaining to the single authorisation procedure (law no …” „… entitled ‘The structure of economic revolutions’, Sergio Ortino showed that change is a fundamental …”

Authors and Editors S. 547-548

„… at the University of Virginia. Federico Ortino, Reader in International Economic Law at the School …” „… of Law at King’s College London. Matteo Ortino, Associate Professor of Economic Law and Private …” „… 547 Authors and Editors Rainer Arnold, Professor of Public Law and European Law at the University …”

Matteo Nicolini Multiculturalism, Secession and Constitutional Amendments: Québec’s Statut Particulier in the View of Canadian Immigration Law S. 389-424

„… conflicting) federal and provincial laws, it is the federal law which prevails.’38 The Constitution Act …” „… Provincial Laws in Canada’ (1963) 9 McGill L.J. 185; B. Laskin, Canadian Constitutional Law (Carswell …” „… law may be interpreted as precluding any provincial laws in the ‘field’ of immigration, even if the …”

Ranabir Samaddar Is the Constitution a Living Document? S. 141-168

„… colonial rulers, independent India’s rulers now rebuke the Indians for not being law-abiding, for being …” „… , the law-adjudicating institutions. 2. Given this interplay of the universality and specifics of law we …” „… fact that colonial regulatory and law-making practices were unique in the sense that these practices …”

Mitja Žagar The Future of Federalism in Europe and Globally S. 345-370

„… knew and mastered his scientific disciplines and fields (law and economics, also social sciences in …” „… specific social, economic and political situation and the needs of the respective population and society …” „… literature and sources – due to the economic crisis and lack of hard currency needed to purchase these – this …”

David M. O'Brien Freedom of Religious Minorities and Federalism S. 443-450

„… conscience is a law unto itself or in which judges weigh the social importance of all laws against the …” „… interest in federalism.2 That is largely due to competing socio-economic and political forces ostensibly …” „… regional and transnational cooperation aimed at advancing common economic interests. On the other hand …”

Michael van Walt van Praag On Solutions to the Sino-Tibetan Conflict S. 451-500

„… and Public Law, The University of Hong Kong, 10 April 2005, p. 14. 22 Y. Ghai, S. Woodman and K …” „… supremacy of the CCP and the central government is unmistakably articulated in the Law of the People’s …” „… Republic of China on Regional National Autonomy, 1984 (sometimes also referred to as the Law on National …”

Andrea Simoncini Europe as a ‘3-D’ Constitutional Space: The Need for an Infrastructure’ of the Constitutional Dialogue S. 201-228

„… could confine the dialogue only to the two classical, political and law-making institutions without …” „… origin of the European Treaty and the ‘international law’ nature of the Community legal system did not …” „… his book Studi sull’Esperienza Giuridica (Maglioni, Roma, 1932) and developed as ‘experience of law …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Earth’ From ‘Non-Discrimination’ to ‘Reasonableness’: A Paradigm Shift in International Economic Law …” „… machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where copies …” „… intensified his contacts with foreign scholars, looking especially for those of other disciplines than law …”

Vojtech Mastny The Cold War and European Security Identity S. 317-344

„… economic cooperation that would have made war all but impossible to wage — the design of the Western …” „… , disarmament and respect for the United Nations, in addition to yet-to-be defined economic, scientific and …” „… Material on CSCE Initiatives by the Socialist Countries on All-European Economic and …”

Jens Woelk Balancing ‘United in Diversity’: Federalism and Constitutional Reform in Bosnia and Herzegovina S. 511-538

„… for the guarantee of group interests, its participation in law-making might be reduced to proposals …” „… Commission for Democracy through law (Venice Commission), ‘Opinion on the constitutional situation in Bosnia …” „… reached among Bosnian politicians. Apart from constitutional reform, it is in economic legislation and …”

Fernand de Varennes The Challenges of Globalization for State Sovereignty: International Law, Autonomy and Minority Rights S. 113-140

„… 113 The Challenges of Globalization for State Sovereignty: International Law, Autonomy and …” „… evolutionary potential of international law and explored, and caused others to examine, the changing …” „… out changes in international law that challenge old ideas about sovereignty – and potentially may …”

Paolo Carrozza The Italian Senato as a Federal Chamber: the Last Proposals of Reform and their Difficult Path S. 371-388

„… to which much of public policy (all monetary policy, most economic policy, fiscal policy indirectly …” „… , ‘Legal Transplants and Law Reform’ (1976) LXXIX Law Quarterly Review, p. 92 et seq. 11 The three bills …” „… , such as the text of a law or budget, or amendments to a law on which it is seeking consensus 14 N …”

doi.org/10.5771/9783845243474

Hélène Ruiz Fabri - International Law and Litigation

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Hélène Ruiz Fabri (ed.)

International Law and Litigation

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 15 2019

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Laurence Boisson de Chazournes Parallel and Overlapping Proceedings in International Economic Law: Towards an Ordered Co-existence S. 331-362

„… Parallel and Overlapping Proceedings in International Economic Law: Towards an Ordered Co-existence …” „… . International economic law (in particular investment and trade regimes) offers interesting perspectives for the …” „… Investment Law and the Host State’s Power to Handle Economic Crises – Comment on the ICSID Decision in LG&E v …”

Rob Howse International Investment Law and Arbitration: A Conceptual Framework S. 363-446

„… importance of property rights and rule of law generally to economic development. Around the beginning of the …” „… Between Commitment and Flexibility: A Contract Theory Analysis, 12 Journal of International Economic Law …” „… : Globalization, Institutions and Economic Growth (2009). International Investment Law and Arbitration: A …”

Tamar Meshel The Dual Role of Procedure in International Water Law S. 65-90

„… Procedure in International Water Law 87 ment in the river basin; increase economic benefits that can be …” „… , the chapter will first provide an overview of international water law’s substantive principles of …” „… role of international water law’s procedural obligations, namely to facilitate the implementation of …”

Hélène Ruiz Fabri, Edoardo Stoppioni Introduction S. 5-18

„… (general international law analysis, international economic law procedures, human rights or European law …” „… some topical evolutions in international economic law dispute settlement, deals with procedures in …” „… Zamaria Parallel and Overlapping Proceedings in International Economic Law: Towards an Ordered …”

Henok Birhanu Asmelash Domestic and Multilateral Forums for the Judicial Review of U.S. Trade Remedy Determinations: Complementary or Conflicting? S. 479-512

„… .), Research Handbook in International Economic Law (2007), 62. See also G. W. Bowman, N. Covelli and I. H. Uhm …” „… . T. Stoll and F. Schorkopf, WTO: World Economic Order, World Trade Law (2006), 152 and 163. 17 …” „… Measures, 6 Journal of International Economic Law (2003), 125; T. P. Stewart, A. S. Dwyer and E. M. Hein …”

Marco Benatar Cyber Espionage in Inter-State Litigation S. 271-300

„… -cyb er-espionage-and-international-law-controversies-involving (last visited 23 October 2018); C. Lotrionte, Countering State-Sponsored Cyber Economic Espionage …” „… ), 443; C. Parajon Skinner, An International Law Response to Economic Cyber Espionage, 46 Connecticut Law …” „… principle of law. This norm, which “promote[s] open and candid communications between lawyer and client and …”

Dalia Palombo The Lack of Effective Remedies at the European Court of Human Rights after Opinion 2/13 S. 695-724

„… at the London School of Economics and Political Science, Department of Law. I would like to thank Ms …” „… Luxembourg for Procedural Law. The content of this article is based in part on the research made for our …” „… Rights Court, 40 European Law Review (2015), 683; P. Eeckhout, Opinion 2/13 on EU Accession to the ECHR …”

Remy Jorritsma Unravelling Attribution, Control and Jurisdiction: Some Reflections on the Case Law of the European Court of Human Rights S. 659-694

„… Unravelling Attribution, Control and Jurisdiction: Some Reflections on the Case Law of the European …” „… Court of Human Rights Remy Jorritsma* Introduction This contribution provides a reflection on case law …” „… provide more clarity through an analysis of the interaction between the substantive law as found in the …”

Yves Daudet Brief Remarks on the Effect of Judgments on International Law S. 91-98

„… exercise any law-making power. For example, in the Advisory Opinion on the Legality of the Threat or Use of …” „… Brief Remarks on the Effect of Judgments on International Law Prof. Yves Daudet* Strictly speaking …” „… Nuclear Weapons, the Court said that: […] it states the existing law and does not legislate. This is so …”

Rüdiger Wolfrum Advisory Opinions: An Alternative Means to Avoid the Development of Legal Conflicts? S. 99-106

„… jurisprudence is the corpus for subsequent decisions; although speaking of the “law-making powers of judges …” „… national legal procedures also provide for such a possibility. I. * Professor of International Law at the …” „… University of Heidelberg, former Judge of the International Tribunal for the Law of the Sea. 1 Legality of …”

André Nunes Chaib Due Process and Procedural Law in Accountability Mechanisms: The Case of the World Bank S. 569-602

„… , International Organizations as Law-makers (2005), in particular 235-240; Also, for a more general overview of …” „… International Law (2015), 33-42; and N.D. White, Lawmaking, in J.K. Cogan, I. Hurd, I. Johnstone (eds.), The …” „… chapters 7 and 9. André Nunes Chaib 576 ministrative law’s double function to “protect the individual’s …”

Edoardo Stoppioni L’accès direct de la personne privée à la juridiction internationale : Une comparaison entre l’arbitrage d’investissement et le contentieux de la Cour européenne des droits de l’homme S. 147-182

„… Public International Law : Why Competition Among International Economic Law Tribunals Is Not Working …” „… the Max Planck Institute Luxembourg for Procedural Law. 1 Rapport du Groupe d’étude de la CDI …” „… . (1999), 333.) et son ouverture (J. Pauwelyn, The Role of Public International Law in the WTO : How far …”

Andrea Hamann The Use of Ex Curia Experts in International Litigation: Why the WTO Dispute Settlement Cannot Serve to Improve ICJ Practice S. 107-146

„… . Jennings, International Lawyers and the Progressive Development of International Law, in J. Makarczyk (ed …” „… cases requiring expert consultation.1 The spotlight focused on the Interna- I. * Professor of Public Law …” „… and Tribunals – Expert Evidence, Burden of Proof and Finality, Cambridge Studies in Int. and Comp. Law …”

Allan Rosas The Interaction Between the European Court of Justice and National Courts in Preliminary Ruling Proceedings: Some Institutional and Procedural Observations S. 603-624

„… administrative, quasi-judicial and judicial control. Union law enjoys primacy over the laws of Member States and …” „… . Brown, A Common Law of International Adjudication (2007). 3 According to Article 19(1) of the Treaty on …” „… international law regimes; its interaction with national law is much more intense than with public international …”

Christoph Schreuer Consent to Arbitration through Legislation S. 447-478

„… Interpretation of National Foreign Investment Laws as Unilateral Acts Under International Law, in M. H. Arsanjani …” „… circumstances surrounding the investment law’s adoption and the existence of BITs providing for ICSID …” „… question. This process involves questions of applicable law, notably whether the legislative provision in …”

Matina Papadaki Substantive and Procedural Rules in International Adjudication: Exploring their Interaction in Intervention before the International Court of Justice S. 37-64

„… ), available at http://opil.ouplaw.com/view/10.1093/law:epil/978 0199231690/law-9780199231690-e59 (last visited …” „… its importance in international law, using as our example intervention before the International Court …” „… excellence of the celebrated observation that substantive law is often secreted in the interstices of …”

Aravind Ganesh Distant Strangers and Standing in Polisario S. 625-658

„… international laws and rules are unreliable […]”); J. D. Ohlin, The Assault on International Law (2015), 8 …” „… courts of the EU interpreted the rules of EU law on standing to bring judicial review, with a view to …” „… . * Research Fellow at the Max Planck Institute Luxembourg for Procedural Law. 1 That ‘legal struggle’ began …”

Gabrielle Marceau, Clément Marquet Practices and Ways of Doing Things in the World Trade Organization (WTO) Law S. 513-550

„… Practices and Ways of Doing Things in the World Trade Organization (WTO) Law Gabrielle Marceau …” „… never ratify the ITO treaty. See J. H. Jackson, World Trade and the Law of GATT (1969), 50. 2 WTO …” „… the GATT legal order”, in G. M. Berrisch, The Establishment of New Law Through Subsequent Practice in …”

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