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All Outputs (192)

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.

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.

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.

The Advance Interference-Like Effect of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court (2021)
Journal Article
Minnerop, P. (2022). The Advance Interference-Like Effect of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court. Journal of Environmental Law, 34(1), 135-162. https://doi.org/10.1093/jel/eqab041

Some climate lawsuits qualify as landmark cases, because they either mark an unexpected turning point in environmental jurisprudence, or they introduce a new conceptual analysis of the law vis-à-vis the global challenge of climate change. The decisio... Read More about The Advance Interference-Like Effect of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court.

The Excessive Regulation of Early Abortion Medication in the United Kingdom: The Case for Reform (2021)
Journal Article
Romanis, E. C., Mullock, A., & Parsons, J. A. (2022). The Excessive Regulation of Early Abortion Medication in the United Kingdom: The Case for Reform. Medical Law Review, 30(1), 4-32. https://doi.org/10.1093/medlaw/fwab042

Early medical abortion (EMA) involves the administration of two medications—mifepristone and misoprostol—24–48 hours apart. These routinely used medications are recognised as safe and effective by the World Health Organization which recommends this c... Read More about The Excessive Regulation of Early Abortion Medication in the United Kingdom: The Case for Reform.

Three Decades of the Nakajima Doctrine in EU Law: Where Are We Now? (2021)
Journal Article
Stoyanov, K. (2021). Three Decades of the Nakajima Doctrine in EU Law: Where Are We Now?. Journal of International Economic Law, 24(4), 724-737. https://doi.org/10.1093/jiel/jgab042

Under the Nakajima doctrine, the Court of Justice of the European Union (CJEU) can review the legality of a European Union (EU) measure in the light of the World Trade Organization (WTO) agreements if the EU legislature intended to implement a partic... Read More about Three Decades of the Nakajima Doctrine in EU Law: Where Are We Now?.