This is the age of reform in the world of international investment law. Most particularly through the reform process at the United Nations Commission on International Trade Law (UNCITRAL), states are seeking to remake the procedural infrastructure...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
The paper starts from the assumption that there is a body of case-law on the German, the European Union (EU) level, and on the international level that is characterised by strategies of judicial avoidance. Courts for various reasons sometimes avoid...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
Moral damages under international investment law have been extensively addressed in the literature. Notoriously, arbitral tribunals have subjected any claim for moral damages to a requirement unknown to general international law, that is exceptional...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
Citizenship as a Commodity – of Golden Passports and the European Union “Golden passport” schemes are increasingly gaining popularity around the world. Meanwhile, this trend has also reached the European Union. It now threatens to lead to a...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
This article provides an analysis of the recent European Court of Justice’s (ECJ) judgment in Council v. K. Chrysostomides & Co. and Others. After the Cypriot financial and banking crisis of 2012-13, the case raised the issue as to whether the...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
This article undertakes a survey of the changes in the structure of the interpretive doctrines of the European Court of Human Rights (the Court) over time in an exploration of the aging of the European Convention on Human Rights (ECHR or the...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
The earliest approach by international lawyers to the question of cybersecurity was focused on collective security. Regarding this issue, there is consensus on the evolutionary and dynamic application, difficult in any case, of the basic rules...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
The present contribution defends network theory empirically by considering the governance of cyberspace. It aims to normatively explain the largely non-state regulation of cyberspace with the help of network theory. To this end, it first introduces...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
Even though equality is a fundamental and transversal norm of international law, not much has been written about its role for cyberspace. The utopia of the 'inventors' of the internet was to create an open, transparent, and democratic space, and...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
Internet integrity encompassing the security, stability, robustness, and resilience of the most widely used global infrastructure has become a key topic of governance debates. The early emphatic cyberspace pronouncements volatilised; in addition,...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
The rise of internet and social media has changed, amongst others, international politics and international relations, putting the rules of the 1961 Vienna Convention on Diplomatic Relations under a stress test. The present work wishes to contribute...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021
Using Stanley Fish's description of interpretive communities, this paper examines the impact of Social Media as an additional tool in international law scholarship. On the one hand, it might work against Western-centrism as debates could become more...
Verlag C.H.BECK Recht - Wirtschaft - Steuern, München 2021