Search
Author
- Cooper, Davina (2)
- Eidenmüller, Horst (2)
- Emad, Gholam Reza (2)
- Fiorato, Sidia (2)
- next >
Subject
- Vulnerability (3)
- CJEU (2)
- COVID-19 pandemic (2)
- Criminal Law (2)
- next >
Date issued
Has File(s)
Search Results
The legalisation of same-sex marriage has taken off globally in the last thirty years, especially in Europe; thirty-three countries around the world, nineteen of which are in Europe, have opened up civil marriage to same-sex couples. The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have also had their share of equal marriage rights cases before them to decide upon. This contribution discusses the role the two European courts have played in this field and how their case law has developed, in somewhat parallel stages, throughout the years. |
According to David Hume values do not belong to the world of facts and cannot be derived from facts. However, Hume’s argument is based on questionable presumptions. His conception of experience as sense perception is erroneous. On contemporary standards it is simply false because sense organs are not channels that passively receive inputs from the world. It is too narrow as it does not take the role of action into account. Further, Hume’s argument is based on the dichotomy between external and internal. Mind is strictly separated from the external world of facts. This entails that experiences, perceptions and ideas do not belong to the world of facts. Causality and values cannot be literally perceived. Therefore they are beyond the scope of empirical knowledge. Hume’s presumptions c... |
Artificial intelligence offers promising applications for content production. However, their development faces significant copyright issues because it involves reproduction of protected subject matter and requires datasets so large that obtaining licences from all rightholders is unfeasible. These issues potentially hinder technological development and content production. On the other hand, some AI applications can threaten the interests and incentives of those who create works and subject matter that are protected by related rights. This article examines whether EU copyright and antitrust law are capable of addressing these challenges. It identifies possibilities and obstacles in applying exceptions for text and data mining (TDM) and temporary copying to the development of artifici... |
For a long time, Vietnamese legislators and scholars did not discuss geographical indication (GI) law in depth despite its having been long established in the country. However, when Vietnam signed the EU-Vietnam Free Trade Agreement (EVFTA) in 2020, the tide turned: GIs now have a “VIP seat” in the treaty text. Without debating whether GIs have boosted local agriculture, this article discovers how and why the law has been transposed into Vietnamese law. To this end, we first accept Watson and Twining’s theories to presuppose legal transplant. Then, we employ five models surveyed by Morin and Gold to appraise how lawmakers adopt rules that might not always benefit the adopting country. We conclude that the EVFTA is a key influencer in disseminating the relevant policy, but that enfor... |
Three movements that trace a certain understanding of law, from textual to spatial/material to spectacularised. The passages between the three movements are performed with the help of a visualisation that keeps on evolving, following the narrative of the legal understanding. This is accompanied by a thick description of instances from various iterations of an art performance/participatory game I have been performing in the past few years at various art and law institutions called escaping the lawscape. These hermeneutic tools help me situation the law from a critique of Habermasian rationality to a critique of Luhmannian functionality, only to arrive to a full aestheticisation of contemporary law as a spectacle that needs to prove its validity through social media and other techniqu... |
This article describes how the facts in social reality take an intermediate position between objective facts and purely subjective ‘facts’. In turn, these social facts can be subdivided into constructivist and non-constructivist facts. The defining difference is that non-constructivist facts are completely determined by an approximate consensus between the members of a social group, while constructivist facts are founded in such a consensus but can nevertheless be questioned. Ought fact are such constructivist facts. Because they are founded in social reality, a naturalistic theory of ought facts is attractive. Because constructivist facts are always open to questioning, we can explain why the facts in social reality may found ought facts but are nevertheless not the final word abou... |
The way comparative law methodology is handled by the variety of experiences of normative complexity around the world is, in itself, a stimulating and promising field of research. In particular, the “hybrid” character of the European Union legislation, being juridical and linguistic at the same time, remains the core of comparative law studies, but the dynamic relationship between law and language is constanlty producing ever-changing scenarios, calling for combined scientific approaches. Along with comparative law, semiotics in particular has ensured the proper reading of the complex juridical and linguistic interconnections between the EU legislation and the national courts interpreting and applying them, thanks to its implicit dynamicity and ability to favor the visualization of ... |
This article sketches a case for the importance of allowing and protecting civil disobedience in a democratic society. There are weighty reasons for non-enforcement of certain laws under certain circumstances, which undermines the legalistic claim that justice requires police to faithfully (try to) enforce all laws at all times. Furthermore, questions about how the police should respond to disobedient demonstrations are not settled by popular theoretical treatments of civil disobedience. Police responses to disobedient demonstrations should be guided by a principle of proportionality. This proportionality requirement is more stringent in cases of self-generated needs for self-defense. Common police tactics like “skirmish lines” predictably escalate interactions and create a need for... |
This report highlights a selection of the most important UK patent decisions from 2022, including: five Court of Appeal judgments (one relating to determining what constitutes an exclusive licensee, two dealing with permission to appeal and the appeal of a divisional patent validity challenge, one dealing with Arrow declaratory relief, and one dealing with the appropriate relief after a finding of standard essential patent (SEP) validity and infringement), and seven High Court judgments (one concerning a preliminary issues trial, one concerning divisional patent validity, one concerning plausibility, one considering an application for interim injunctive relief, one considering an application for Arrow declaratory relief, one looking at unjustified threats, and one looking at an expe... |
This article takes a critical look at merger law and practice in the EU, the United States, and Germany regarding data-related transactions. It focuses on the current legal standard and evaluates the recent decision practice in these jurisdictions. This includes the increasing implementation of data-related remedies, such as data access and data separation commitments, which have so far not been the focus of scholarly attention. On this basis, the article discusses the prospects of merger review within the framework of current policy reform debates. It concludes with recommendations for future legislative action in Germany and the EU. In particular, the legislature should implement a tightened and better suited merger review regime for dominant undertakings in digital markets. |
