Skip to main content

Research Repository

Advanced Search

Outputs (25)

The Power of Comparative Law: What Types of Units Can Comparative Law Compare? (2019)
Journal Article
Siems, M. (2019). The Power of Comparative Law: What Types of Units Can Comparative Law Compare?. The American Journal of Comparative Law, 67(4), 861-888. https://doi.org/10.1093/ajcl/avz030

What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative la... Read More about The Power of Comparative Law: What Types of Units Can Comparative Law Compare?.

The law and ethics of ‘cultural appropriation’ (2019)
Journal Article
Siems, M. (2019). The law and ethics of ‘cultural appropriation’. International Journal of Law in Context, 15(4), 408-423. https://doi.org/10.1017/s1744552319000405

Cultural appropriation is often defined as the ‘taking of intellectual property, cultural expressions or artefacts, history, and ways of knowledge’. Despite this apparent link to intellectual property, legal issues are only rarely mentioned in the cu... Read More about The law and ethics of ‘cultural appropriation’.

The end of history for the board neutrality rule in the EU (2019)
Journal Article
Mukwiri, J. (2020). The end of history for the board neutrality rule in the EU. European Business Organization Law Review, 21(2), 253-277. https://doi.org/10.1007/s40804-019-00164-w

This paper argues that the failed attempt to introduce a mandatory board neutrality rule into EU takeover law was an object lesson that it is difficult to enact rules that are contrary to the corporate law cultures of the majority of the Member State... Read More about The end of history for the board neutrality rule in the EU.

The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros (2019)
Journal Article
Gerner-Beuerle, C., Mucciarelli, F., Schuster, E., & Siems, M. (2019). The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros. European Business Organization Law Review, 20(3), 425-465. https://doi.org/10.1007/s40804-019-00157-9

The European Court of Justice’s landmark decision in Centros was heralded as creating the preconditions for a vibrant market for incorporations in the EU. In practice, however, today’s corporate landscape in Europe differs little from that of the lat... Read More about The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros.

What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law, (2019)
Journal Article
Goanta, C., & Siems, M. (2019). What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law,. Legal Studies, 39(4), 714-734. https://doi.org/10.1017/lst.2019.8

Harmonisation and legal convergence are core tasks of the European Union. This article explores the question about the determinants for national convergence of EU law, specifically applied to the ever-growing body of European consumer sales law. The... Read More about What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law,.

The Chinese Social Credit System: A Model for Other Countries? (2019)
Journal Article
Mac Síthigh, D., & Siems, M. (2019). The Chinese Social Credit System: A Model for Other Countries?. Modern Law Review, 82(6), 1034-1071. https://doi.org/10.1111/1468-2230.12462

Many countries know financial consumer credit ratings, and recent years have also seen a proliferation of rating systems in relation to online platforms and in the ‘sharing economy’, such as eBay, Uber and Airbnb. In the view of many Western observer... Read More about The Chinese Social Credit System: A Model for Other Countries?.

Foreign Affairs Federalism in the European Union (2019)
Book Chapter
Schütze, R. (2019). Foreign Affairs Federalism in the European Union. In C. Bradley (Ed.), Oxford Handbook of Comparative Foreign Relations Law (333-351). Oxford University Press

The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis (2019)
Journal Article
Van Leeuwen, B. (2019). The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis. The Cambridge yearbook of European legal studies, 21, 162-186. https://doi.org/10.1017/cel.2019.5

Free movement of patients has been criticised from the moment that the first patient cases reached the CJEU. The moving patient supposedly increases consumerism, reduces national solidarity and has a negative impact on the quality of healthcare provi... Read More about The Patient in Free Movement Law: Medical History, Diagnosis and Prognosis.

Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions (2019)
Journal Article
Beyleveld, D., & Brownsword, R. (2019). Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions. International Journal of Law in Context, 15(2), 198-218. https://doi.org/10.1017/s1744552319000120

In the context of a technology-driven algorithmic approach to criminal justice, this paper responds to the following three questions: (1) what reasons are there for treating liberal values and human rights as guiding for punitive justice; (2) is prev... Read More about Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions.

Banking Union and Brexit: the challenge of geography (2019)
Book Chapter
Schammo, P. (2019). Banking Union and Brexit: the challenge of geography. In G. Lo Schiavo (Ed.), The European Banking Union and the role of law (87-107). Edward Elgar Publishing

At the heart of the discussions on Brexit are issues about the future balance between the mobility and place-dependency of cross-border flows and networks. This chapter examines this issue against the background of the internal market and the Banking... Read More about Banking Union and Brexit: the challenge of geography.

Market Access, The New Approach And Private Law (2019)
Journal Article
Van Leeuwen, B. (2019). Market Access, The New Approach And Private Law. European Review of Private Law, 27(2), 269-292

In James Elliott and Schmitt, the ECJ refused to extend the scope of application of European standards adopted under the New Approach to private law disputes. This article argues that the ECJ’s judgments were based on a static interpretation of the c... Read More about Market Access, The New Approach And Private Law.

Inaction in macro-prudential supervision: assessing the EU's response (2019)
Journal Article
Schammo, P. (2019). Inaction in macro-prudential supervision: assessing the EU's response. Journal of Financial Regulation, 5(1), 1-28. https://doi.org/10.1093/jfr/fjz001

In the macro-prudential literature, ‘inaction bias’ describes the supposed tendency of macro-prudential actors to favour inaction over action when considering the use of macro-prudential tools. While inaction bias is a topic of much interest in macro... Read More about Inaction in macro-prudential supervision: assessing the EU's response.

‘Undisruption’ in the SME funding market: information sharing, finance platforms and the UK bank referral scheme (2019)
Journal Article
Schammo, P. (2019). ‘Undisruption’ in the SME funding market: information sharing, finance platforms and the UK bank referral scheme. European Business Organization Law Review, 20(1), 29-53. https://doi.org/10.1007/s40804-019-00139-x

Since the financial crisis, various policy initiatives have been adopted in the UK with a view to improve access to finance for SME businesses. One of these initiatives is the bank referral scheme. Under this scheme, incumbent banks must pass on info... Read More about ‘Undisruption’ in the SME funding market: information sharing, finance platforms and the UK bank referral scheme.