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All Outputs (103)

The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing? (2021)
Journal Article
Du, M. (2021). The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing?. Chinese Journal of International Law, 20(4), 785-815. https://doi.org/10.1093/chinesejil/jmab040

Chinese State-owned enterprises (SOEs) play a key role not only in China’ domestic market, but also in implementing the Government of China (GOC)’s ambitious Belt and Road Initiative. Accordingly, Chinese SOEs have increasingly fallen back on investo... Read More about The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing?.

Capabilities Compatible with Political Liberalism? A Third Way (2021)
Journal Article
Brooks, T. (2021). Capabilities Compatible with Political Liberalism? A Third Way. Croatian Journal of Philosophy, 21(62), 237-250. https://doi.org/10.52685/cjp.21.62.1

This article explores the relationship between capabilities and political liberalism. There are two views about how they might be compatible: Sen claims capabilities should be seen as a revision of primary goods while Nussbaum argues capabilities sho... Read More about Capabilities Compatible with Political Liberalism? A Third Way.

A Rose is a Rose is a Rose. International Legal Functionism as a Method of Statehood Analysis (2021)
Journal Article
Roeben, V., & Janković, S. (2021). A Rose is a Rose is a Rose. International Legal Functionism as a Method of Statehood Analysis. Berkeley journal of international law, 39(2), 211-248

Statehood is a foundational concept of international law. This Article argues that what is considered a State within the realm of international law is best explained by its external effectiveness in the international legal order, rather than, as so f... Read More about A Rose is a Rose is a Rose. International Legal Functionism as a Method of Statehood Analysis.

The Horizontal Effect of Human Rights after Brexit: A Matter of Renewed Constitutional Significance (2021)
Journal Article
Frantziou, E. (2021). The Horizontal Effect of Human Rights after Brexit: A Matter of Renewed Constitutional Significance. European Human Rights Law Review, 2021(4), 365-388

This article examines the implications of Brexit for the application of human rights to disputes between private actors (‘horizontal effect’). The presence of EU law within the domestic legal system had created a remedially more favourable environmen... Read More about The Horizontal Effect of Human Rights after Brexit: A Matter of Renewed Constitutional Significance.

Continuity and Change: Some Reflections on the Chinese Civil Code (2021)
Journal Article
Chen, L. (2021). Continuity and Change: Some Reflections on the Chinese Civil Code. Asia Pacific Law Review, 29(2), 287-305. https://doi.org/10.1080/10192557.2022.2033084

This article aims to set out the historical and legislative backgrounds and introduce the synopsis of the articles included in this special issue addressing the Chinese Civil Code (‘CCC’). It does so by first presenting the reasons for and against th... Read More about Continuity and Change: Some Reflections on the Chinese Civil Code.

Non-Monetary Relief for Breach of Contract: A European Perspective on Chinese Contract Law (2021)
Journal Article
Chen, L., & de Rey, S. (2021). Non-Monetary Relief for Breach of Contract: A European Perspective on Chinese Contract Law. Asia Pacific Law Review, 29(2), 325-345. https://doi.org/10.1080/10192557.2022.2033086

To compensate for the loss caused by the non-performance, monetary damages are considered almost automatically. This article provides a broader perspective. Indeed, albeit monetary damages are and will always remain the most frequently awarded form o... Read More about Non-Monetary Relief for Breach of Contract: A European Perspective on Chinese Contract Law.

Of standards and technology: ISDA and technological change in the OTC derivatives market (2021)
Journal Article
Schammo, P. (2021). Of standards and technology: ISDA and technological change in the OTC derivatives market. Law and Financial Markets Review, 15(1-2), 3-37. https://doi.org/10.1080/17521440.2022.2063030

For enthusiasts, distributed ledger technology (DLT) and smart contract technology (SCT) promise a future of frictionless interactions and decentralisation. In practice, however, it is widely acknowledged that this vision faces significant challenges... Read More about Of standards and technology: ISDA and technological change in the OTC derivatives market.

In Search of a Fair Share: Article 112 Norwegian Constitution, International Law and an Emerging Inter-Jurisdictional Discourse in Climate Litigation (2021)
Journal Article
Minnerop, P., & Rostgaard, I. (2021). In Search of a Fair Share: Article 112 Norwegian Constitution, International Law and an Emerging Inter-Jurisdictional Discourse in Climate Litigation. Fordham international law journal, 44(4), 847-922

Climate change is a common sphere where an inter-jurisdictional judicial discourse gradually evolves. Engaging with the reasoning of other courts strengthens controversial judicial pronouncements in a complex area of law and it reduces the risk of be... Read More about In Search of a Fair Share: Article 112 Norwegian Constitution, International Law and an Emerging Inter-Jurisdictional Discourse in Climate Litigation.

Monetary Transitions and Property Rights: Lessons from India's 2016 Demonetisation (2021)
Journal Article
Lupo-Pasini, F. (2021). Monetary Transitions and Property Rights: Lessons from India's 2016 Demonetisation. Annual review of banking law, 36(2),

States have routinely changed the form and the transmission mechanisms of money, from the ancient practice of coin de-basement, to the introduction of the Euro in 1999, or the recent push towards cashless payments. Very little has been said on the im... Read More about Monetary Transitions and Property Rights: Lessons from India's 2016 Demonetisation.