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Representative Democracy, the Right to Vote and the Weighting of Votes
My aim in this paper is to explore the contours of the right to vote in a properly functioning representative democracy. I begin by noting that in...
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Public Participation: Amicus Curiae in International Investment Arbitration
Amicus curiae is a develo** feature of modern international investment arbitration. This chapter starts by describing how investment arbitration...
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Populist Jurisprudence? Examining Selected Case Law of the Polish Constitutional Court After 2016
Since the parliamentary elections in 2015 and the subsequent change in the personal composition of the Polish Constitutional Court, this institution...
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Consequences of Corruption for States
If one is to accept the idea that an arbitral tribunal should not entertain disputes that are based on fraudulent or corrupt investments, then the...
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Challenges to the EU’s Normativity Posed by Lack of Membership in Global Institutions
This chapter focuses on the normativity challenges the EU faces at global fora in which it lacks membershipMembership. In particular, this chapter...
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Openness of Government Affairs in China: Developments in 2020 and Prospects in 2021
In 2020, the Center for Studies of the National Rule of Law Index of the Chinese Academy of Social Sciences and the Innovation Project Team on the...
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Compensation for Damages Suffered by Women Performing Unpaid Domestic Works
When a person with domestic responsibilities (traditionally and, currently, mostly a woman), as a consequence of a certain accident caused by a third...
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The new regulation on the digitalisation of judicial cooperation in the European Union: something old, something new, something borrowed and something blue
This paper analyses the new EU Regulation on the digitalisation of judicial cooperation and access to justice in civil, commercial, and criminal...
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The Participation of Pharmaceutical Drug Industry in Patent Governance and Law-Making: A Case Study of India and Nigeria
This paper traces the participation of pharmaceutical drug manufacturers in patent governance and law-making in India and Nigeria. It also highlights...
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Towards a Republicanisation of International Investment Law?: Conceptualising the Legitimatory Value of Public Participation in the Negotiation and Enforcement of International Investment Agreements
The chapter takes a closer analytical look at one of the central manifestations of the currently changing character of international investment law...
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Evidence
Evidence is a topic we would like to spend a large number of pages to introduce. China’s civil litigation evidence system is featured by highly...
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How Do Non-professional Participants of a Trial Cope with the Communication Process at the Trial? The Results of Empirical Research Conducted in Polish Courts
The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts....
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“Porsche 911”
a) The term “use” within the meaning of Sec. 32a(1) sentence 1 Copyright Act is to be interpreted to the effect that income or benefits from a use...
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Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany
One form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU...
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Cutting into Diamonds: Competition Law, IPR, Trade Secrets and the Case of ‘Big Data’
Big Data analyses make it possible to harvest valuable information from troves of data. EU competition law opens the door to a compulsory license in...
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International Investment Law in Chile: Recent Developments in Times of Reform
This article delves into Chile’s international investment law developments in light of the ongoing national and international reform processes as of...
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Transparency in Investor-State Arbitration
This Chapter shows that there are historical reasons that led States to design an investment arbitration system characterised by confidentiality,...
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The International Criminal Court and the Protection of Child Soldiers against Intra-Party Violence
Equal to the horrors suffered by children conditioned and exploited to perpetrate horrific violence on their battlefield adversaries is the violence...
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Political Rivalry: Taiwan’s Strategies for Participating in International Organizations and the Mainland’s Response
On the basis of upholding the one-China principle, this chapter focuses on investigating Taiwan’s policies and changes in its policies for...
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The Participation of Members and Non-members in EU Foreign, Security and Defence Policy
The idea of a common policy is, firstly, that it includes all Member States, and, secondly that it should include EU members only. The present...