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'Centre of main interests' - a New Concept in European Insolvency Law
I find the concept ''centre of main interests'' interesting, since it is a new concept and a key element in the Regulation. It determines applicability of the Regulation - it is only applicable if the centre is situated within the Community (see 4.1 The Objective and Scope). It is decisive for jurisdiction regarding main proceedings (see 5 The Centre of Main Interessts) and decisiv
Predatory Pricing Policy under EC and US Law
Predatory pricing poses a dilemma which perplexed and intrigued the competition community for many years. It is one of the most discussed topics in the area of antitrust economics, as the critical issue is to meld economic insights with sound legal rules. Despite the energy devoted to the subject by many distinguished observers from the economic and legal professions and their attempts to find pro
Proliferation of Free Trade Areas in East Asia in the Context of the European Union and the North American Free Trade Agreement-Options for the P. R. China
The Relationship between EC law and National law
Special Trade Marks - Legislation and The Situation in The European Community
As already indicated by the title, this thesis concentrates on the legal and practical issues concerning special marks in the European Community. Chapter 1 contains some general remarks together with comments on the scope, purpose and methodology of this thesis. Chapter 2 discusses international conventions affecting trade marks in general and special marks in particular. The European Community le
State Liablity - Ten years after Francovich / Is German State Liability law compatible with EC law?
This paper focuses on a comparison of German law on state liability with European state liability rules, as they have been developed through case law since Francovich. The paper is divided into three main parts. A short overview of procedural aspect explaining when and how Member States can be held liable and which remedies are available for the individual, as well as a description of the case law
European Criminal Law
Towards a rights-based approach? - Third country nationals legally long-term resident within the European Union and the fundamental freedom of movement rights
Third Country Nationals in the European Union
Keck and Mithouard
Article 28 is one of the key Treaty Articles concerning the integration of national markets. But finding the right way to apply Article 28 is far from being easy, as history shows. The ECJ has not been consistent in its case law on Article 28 EC. The main problem in its approach in the application of Article 28 has been the wideness of the Dassonville-formula, which by its wording catches smallest
Harmful Taxation, from an Icelandic Perspective
Flexibility of the TRIPS Agreement with regard to Patent Protection
Pharmaceutical Patent in the PR China-Adjustment in Public Health Concern
Where are the women? A gender approch to refugee law
The Protection of Minorities: Problems of Application of Article 27 of International Covenant on Civil and Political Rights and the Identification of Minorities
PROMOTING POLICE OBSERVANCE OF HUMAN RIGHTS
In breach of the 'overarching principle'. Judicial oversight of administrative decisions as a prerequisite for effective implementation of non-refoulement: Australia in focus.
BREAKING THE WALL OF IMMUNITY - QUESTIONS RAISED BY EICHMANN, FILARTIGA, PINOCHET AND MILOSEVIC TRIALS
As the wars on the Balkans emerged in the early 1990's and continued to colour the European reality over almost a decade, a fierce debate regarding questions of guilt, necessary actions, and roads to peace was initiated. In Sweden it was not as broad and competent as in other European countries, but it did allow certain odd features in the everyday life, such as a party, 'the Sarajevo-list