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All Outputs (28)

Right and wrong analogies: the CJEU’s use of trade mark concepts in copyright and design law (2020)
Journal Article
Derclaye, E. (2020). Right and wrong analogies: the CJEU’s use of trade mark concepts in copyright and design law. European Intellectual Property Review, 42(2), 78-83

Considers, with reference to case law, whether the tendency of the ECJ to use trade mark concepts to resolve disputes involving other intellectual property issues such as design and copyright is misconceived. Examines the operation of such a policy... Read More about Right and wrong analogies: the CJEU’s use of trade mark concepts in copyright and design law.

The Functional Threshold: Direct International Legal Regulation of Collective Nonstate Entities and the Law of International Peace and Security (2020)
Journal Article
Van der Ploeg, K. P. (2021). The Functional Threshold: Direct International Legal Regulation of Collective Nonstate Entities and the Law of International Peace and Security. New York University Journal of International Law and Politics, 53(1), 71-133

This article explores transformations in international law with respect to collective nonstate entities, challenging the mainstream view that international law stipulates rights and obligations directly binding on such entities only on an exceptional... Read More about The Functional Threshold: Direct International Legal Regulation of Collective Nonstate Entities and the Law of International Peace and Security.

Human Dignity in an Age of Autonomous Weapons: Are We in Danger of Losing an 'Elementary Consideration of Humanity'? (2020)
Journal Article
Ulgen, O. (2020). Human Dignity in an Age of Autonomous Weapons: Are We in Danger of Losing an 'Elementary Consideration of Humanity'?. Baltic Yearbook of International Law Online, 17(1), 167-196. https://doi.org/10.1163/22115897_01701_009

Military investment in robotics technology is leading to development and use of autonomous weapons, which are machines with varying degrees of autonomy in target, attack, and infliction of lethal harm (that is, injury, suffering or death). Examples o... Read More about Human Dignity in an Age of Autonomous Weapons: Are We in Danger of Losing an 'Elementary Consideration of Humanity'?.

In Search of Due Diligence Obligations in UN Peacekeeping Operations: Identifying Standards for Accountability (2020)
Journal Article
White, N. D. (2020). In Search of Due Diligence Obligations in UN Peacekeeping Operations: Identifying Standards for Accountability. Journal of International Peacekeeping, 23(3-4), 203-225. https://doi.org/10.1163/18754112-02303005

It is argued in this article that due diligence, grounded on positive duties under international human rights law, is a standard against which to measure the performance of UN peacekeeping forces. Its adoption by the UN will improve accountability, b... Read More about In Search of Due Diligence Obligations in UN Peacekeeping Operations: Identifying Standards for Accountability.

The circular economy and the implied terms of contract in English sales law (2020)
Journal Article
Beheshti, R. (2021). The circular economy and the implied terms of contract in English sales law. Journal of Property, Planning and Environmental Law, 13(1), 31-45. https://doi.org/10.1108/JPPEL-09-2020-0042

Purpose The purpose of this article is to examine the contractual framework for the sale of goods in order to gauge whether the English sales law regime can promote a circular business model. Examination of the contractual framework for the sale o... Read More about The circular economy and the implied terms of contract in English sales law.

Autonomy in Documentary Credits: Time for a Nullity Exception? (2020)
Journal Article
Saidova, S. (2020). Autonomy in Documentary Credits: Time for a Nullity Exception?. Lloyd's Maritime and Commercial Law Quarterly, 2020(Part 4), 603-625

This article analyses whether English law should recognise a nullity exception to the autonomy principle in documentary credits. It assesses policies in favour of and against this exception and proposes and constructs the nullity exception based on t... Read More about Autonomy in Documentary Credits: Time for a Nullity Exception?.

Cyber Attacks and Cyber (Mis)information Operations During a Pandemic (2020)
Journal Article
Milanovic, M., & Schmitt, M. (2020). Cyber Attacks and Cyber (Mis)information Operations During a Pandemic. Journal of National Security Law & Policy, 11(1), 247-284

The COVID-19 pandemic has been accompanied by reprehensible cyber operations directed against medical facilities and capabilities, as well as by a flood of misinformation. Our goal in this article is to map out the various obligations of states under... Read More about Cyber Attacks and Cyber (Mis)information Operations During a Pandemic.

Human rights and economic policy reforms (2020)
Journal Article
Nolan, A., & Bohoslavsky, J. P. (2020). Human rights and economic policy reforms. International Journal of Human Rights, 24(9), 1247-1267. https://doi.org/10.1080/13642987.2020.1823638

This article focuses on the vexed relationship between human rights and economic policy reform. It opens with an exploration of the reasons for the historic and contemporary nonalignment and disconnect between these areas. It then turns to an overvie... Read More about Human rights and economic policy reforms.

Special Rules of Attribution of Conduct in International Law (2020)
Journal Article
Milanovic, M. (2020). Special Rules of Attribution of Conduct in International Law. International Law Studies, 96, 295-393

Are there are any special rules of attribution in international law? Are there, in other words, imputational rules that are not recognized as such in general international law, but are specific to particular branches of international law? This is the... Read More about Special Rules of Attribution of Conduct in International Law.

The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges? (2020)
Journal Article
Varney, E., & Varney, E. (2020). The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?. Kings Law Journal, 31(3), 444-466. https://doi.org/10.1080/09615768.2020.1815941

Contract law has a multidimensional role permeating the economic and social spheres of life, connecting people in mutual relations. Despite its potential, contract law is largely overlooked by the UN Convention on the Rights of Persons with Disabilit... Read More about The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?.

Collusive Litigation in the Early Years of the English Common Law: The Use of Mort D’Ancestor for Conveyancing Purposes c. 1198–1230 (2020)
Journal Article
Eves, W. (2020). Collusive Litigation in the Early Years of the English Common Law: The Use of Mort D’Ancestor for Conveyancing Purposes c. 1198–1230. Journal of Legal History, 41(3), 227-256. https://doi.org/10.1080/01440365.2020.1839692

The extent to which real actions such as mort d’ancestor were used collusively for conveyancing purposes in the early years of the English common law is subject to debate. This article first discusses why parties to a transfer of land might engage in... Read More about Collusive Litigation in the Early Years of the English Common Law: The Use of Mort D’Ancestor for Conveyancing Purposes c. 1198–1230.

From Covenant to Charter: A Legacy Squandered? (2020)
Journal Article
White, N. (2020). From Covenant to Charter: A Legacy Squandered?. International Community Law Review, 22(3-4), 310-330. https://doi.org/10.1163/18719732-12341432

The “Covenant” embodied the idea of a contract for peace in 1919. The “Charter” of 1945 appeared more boldly to embody a world constitution for peace. This article analyses the United Nations and its predecessor organisation, the League of Nations, t... Read More about From Covenant to Charter: A Legacy Squandered?.

Agency contracts and the scope of the incapacity defence in English contract law: a topic too hot to handle? (2020)
Journal Article
Varney, E. (2020). Agency contracts and the scope of the incapacity defence in English contract law: a topic too hot to handle?. Journal of Business Law, 2020(5), 382-401

This article assesses the impact of a principal's mental incapacity on agency agreements in English contract law and calls for an approach compatible with the values pursued by the UN Convention on the Rights of Persons with Disabilities.

The Special Role of the Hashemite Kingdom of Jordan in the Muslim Holy Shrines in Jerusalem (2020)
Journal Article
Kattan, V. (2021). The Special Role of the Hashemite Kingdom of Jordan in the Muslim Holy Shrines in Jerusalem. Arab Law Quarterly, 35(5), 503-548. https://doi.org/10.1163/15730255-bja10031

This article explores the meaning of the Jerusalem clause in Article 9(2) of the Israel- Jordan Peace Treaty. It begins by considering the drafting of the clause, before analysing subsequent agreements between Israel, Palestine, and Jordan. The artic... Read More about The Special Role of the Hashemite Kingdom of Jordan in the Muslim Holy Shrines in Jerusalem.

Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law (2020)
Journal Article
Favale, M., Kretschmer, M., & Torremans, P. (2020). Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law. Modern Law Review, 83(4), 831-860. https://doi.org/10.1111/1468-2230.12527

© 2020 The Authors. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. The juridification of the European policy process is increasingly fragile, and little understood. This study develops a novel metho... Read More about Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law.

The Procedure and Practice of Witness Testimony in English Ecclesiastical Courts, c.1193–1300 (2020)
Journal Article
White, S. B. (2020). The Procedure and Practice of Witness Testimony in English Ecclesiastical Courts, c.1193–1300. Studies in Church History, 56, 114-130. https://doi.org/10.1017/stc.2019.7

In the twelfth century, the English church courts made considerable use of compurgation and of sworn members of the community to aid in the resolution of disputes, but by the end of the thirteenth century, academic canon law depended almost entirely... Read More about The Procedure and Practice of Witness Testimony in English Ecclesiastical Courts, c.1193–1300.

The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life (2020)
Journal Article
Milanovic, M. (2020). The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life. Human Rights Law Review, 20(1), 1-49. https://doi.org/10.1093/hrlr/ngaa007

On 2 October 2018, Jamal Khashoggi, a dissident Saudi journalist residing in the United States, where he was a columnist for the Washington Post, was murdered in the Saudi consulate in Istanbul. This article seeks to comprehensively analyze Khashogg... Read More about The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life.