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13 Oct 2020, 11:22 pm by Jeff Richardson
For folks interested in the technical aspects, the A14 is certainly an improvement. [read post]
Therefore, it is not only in the parties’, but also in both the UK’s and EU-27s interest to resolve the issue of anti-suit injunctions in transnational litigation in Europe. [read post]
Rather, it is limited by the obligation of WTO Members to act in good faith.[16] This limitation has been articulated by the Panel in Russia – Traffic in Transit and, more recently, the Panel in Qatar – Protection of IPRs, as a standard of plausibility.[17]  The State aiming to justify a measure under Article XXI(b)(iii) is required to demonstrate that its measure is not implausible to protect the essential security interest at issue. [read post]
Public Security While the protection of Member States’ internal and external security falls under the public security exception available under the TFEU,[6] the latter is construed narrowly.[7]  It is available only where there is “a genuine and sufficiently serious threat affecting one of the fundamental interests of society”.[8] [read post]
12 Aug 2020, 2:35 pm by Matthias Weller
Roy GOODE Creativity and Transnational Commercial Law: from Karkhemish to Cape Town Bernd GRZESZICK Diversity in and by Law – the Example of Federal and State Constitutions Christian HATTENHAUER „Das ist Grönländisches Recht, und ein sehr Natürliches! [read post]
11 Aug 2020, 9:55 pm by Kevin Kaufman
The tax policy community is not short on ideas, but governments are already showing their cards in what they may or may not be interested in changing for the short or the long term. [read post]
5 Aug 2020, 2:37 pm by Katitza Rodriguez
The third paragraph of Article 10 states that access to these records will “only occur with the purpose of determining the liability of mass forwarding illicit content, to constitute evidence in criminal investigation and procedural penal instruction, only by court order” as defined in the Brazilian Civil Framework for the Internet. [read post]
29 Jun 2020, 2:41 am by Irene Marchioro (University of Bologna)
Such an unacceptability shall be judicially proven through a balancing of interest’s assessment, and can only be assessed if the survival of the contract would lead to a result which is intolerable an contrasting both with the law itself and with fairness.15)H. [read post]
4 Jun 2020, 9:00 am by Silvia Rainone
For those countries, it is a vicious circle leading to a progressive increase of public debt which, on the long term, will have damaging effect of the state’s ability to make the necessary public reforms and pursue public interest objectives. [read post]
27 May 2020, 1:46 am by Suzanne Leppen
George Hara, a successful Japanese investor based in the United States has warned about this issue since the early 2000s. [read post]
5 May 2020, 7:28 am by Kevin Kaufman
Recently, both the Indonesian Finance Minister Sri Mulyani Indrawati and the French Economy Minister Bruno Le Maire have directly linked their digital tax agendas to the pandemic. [read post]
23 Apr 2020, 5:00 am by Aleksandra Drożdż (Noerr)
Although the law in question must lay down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, in these cases the level of protection of the data subject may significantly diverge between the Member States. [read post]
This challenge arises from the tension between the right of employees to privacy as laid down in Article 8 ECHR and Article 7 EUCFR (both guaranteeing the right to respect for private and family life, home and communications) and the interests of employers, which can fall under the protection of Article 16 EUCFR (freedom to conduct a business). [read post]