Suchergebnisse

The International Law Commission (ILC or Commission) held its seventy-fourth session at its seat in Switzerland from April 24 to June 2 and from July 3 to August 4, 2023, and met fully in person for the first time since the COVID-19 global health pandemic. The Commission, which has had a gender imbalance in its composition, was chaired for the first time by two successive female chairs: Nilüfer Oral (Türkiye) for the first half session; followed by Patrícia Galvão Teles (Portugal) for the second half session.

Die Schaffung eines einheitlichen digitalen Binnenmarktes gehört zu den wichtigsten Zielen der Europäischen Kommission. Das Werk befasst sich mit den Herausforderungen für das Europäische Vertragsrecht für die Bereiche 3D-Druck, Share Economy und Internet of Things. Die zunehmende Verbreitung digitaler Produkte und besonders des Internet of Things, der Share Economy und des 3D-Drucks stellen den Gesetzgeber und die Rechtswissenschaft vor neue Herausforderungen.Der Band setzt sich in diesem Rahmen u.a. mit dem Einfluss auf vertragliche Pflichten, die Auswirkungen für die vertragliche und außervertragliche Haftung sowie dem Verbraucherbegriff auseinander

Abstract
Based in Montevideo, and most recently valued at US$5 billion, the payments platform DLocal enables companies such as Booking.com, Amazon and Uber to transact in local currencies in 29 countries. It specializes in the "emerging economies" of Latin America, the Asia Pacific, the Middle East and North Africa. Among international lawyers, however, Montevideo is best known for another form of international infrastructure. That is the 1933 Montevideo Convention, or at least its first article, standardising the template of modern statehood. At the time, as scholars of international legal history have shown, this amounted to a radical reformatting of the fundamentals of international law, driven by semi-peripheral states, as part of a widespread effort of reconstructive codification after the Great War. Today, DLocal's Montevideo is emblematic of a very different kind of international legal reformatting now underway. A digital logic, and associated circuits of value and aggregations of power, are becoming embedded—even predominant—in many of international law's most routine operations. To shed light on this phenomenon, this lecture revisits each component of the Montevideo Convention's well-known formula for statehood—permanent population; defined territory; government; and the conduct of international relations. Taking efforts of so-called digital humanitarianism as illustrative, it examines how each of these Montevideo properties is being rerouted and recomposed digitally, often in tension with an analog logic characteristic of law. And in the ensuing dislocations sometimes in evidence between analog and digital aspects of international legal work, it identifies some possibilities for collective reworking.

"This comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. Considering how reforms following the crises have been critical for the development and growth of the region, this insightful book explores a broad range of post-crisis financial regulatory issues. It also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region's potential. By focusing on the legal frameworks and regulatory models at a national level, this innovative Research Handbook addresses opportunities and challenges for financial markets and convergence in the region. Key topics include the different legal and regulatory approaches to common issues, such as banking regulation and resolution, FinTech, insolvency frameworks and ASEAN financial market integration. Specific regulatory approaches are discussed in relation to areas such as Renminbi internationalization, Islamic banking and finance, shadow banking, crowdfunding, venture capital, derivatives, bond and securities markets. The book concludes with an analysis of the impact of FinTech on regulatory convergence in Asia. The Research Handbook on Asian Financial Law will be of great value to law students, academics and policy-makers working across a diverse range of fields including financial regulation, Asian studies, banking resolution and insolvency"--

Recent developments have highlighted the complexity and potential for conflict in the relationship between bilateral investment treaties (BITs) and EC law. This article attempts to explore the intersection between these two norms. Its first part examines the division of powers between the EC and the Member States with regard to the conclusion of such treaties, both under the regime which would be introduced by the Lisbon Treaty and the present legal framework for external relations. The second part looks at the relationship between these agreements and the internal law of the EC. It seeks to identify those types of EC law provisions which, at least potentially, interfere with specific investment protection guarantees typically contained in bilateral investment treaties, and it then suggests rules for the resolution of such conflicts. In this regard a distinction between Member State BITs with third countries (which are considered to prevail over conflicting EC law), and BITs concluded between two Member States (which, both under relevant EC law and International Law principles, are subject to the supremacy of EC law) is made.