This Article examines how wealthy democratic states evade and avoid their international obligations towards refugees. The focus is on two strategies. The first is hyper-legalism—an overly formalistic bad-faith approach to interpreting international law. The second is obfuscation, which involves secrecy about what actions the government is taking and deliberate silence as to the purported legal justifications.
Enforcement of Chinese Insider Trading Law: An Empirical and Comparative Perspective
This Article conducts the first comprehensive and systematic empirical analysis of all relevant insider trading cases in China from the birth of Chinese securities markets in the early 1990s until mid-2017, shedding light on the way in which China’s insider trading law has been enforced by the regulator and criminal courts in practice.
Mandatory Corporate Social Responsibility? Legislative Innovation and Judicial Application in China
Corporate social responsibility (CSR) is often understood as voluntary corporate behavior beyond legal compliance. The recent emergence of CSR legislation is challenging this typical understanding. A number of countries including China, Indonesia, and India have expressly stated in legislation that companies shall undertake CSR. However, the CSR law is controversial.
Metaphors, Judicial Frames, and Fundamental Rights in Cyberspace
How do legal imagination, metaphors, and the “judicial frame” impact the degree of protection for free expression when the relevant (technological) playground is the world of bits? This Article analyzes the so-called judicial frame, focusing on legal disputes relating to freedom of expression on the Internet.
You Name It: On the Cross-Border Regulation of Names
Is your name “yours”? Are you free to choose a name for yourself? Does a name withstand border crossing and even the acquisition of new citizenships? In the common law world, the unequivocal answer is yes. However, in civil law, this answer is not so clear. While the global tendency over the last few decades has been towards relaxing the norms governing names, old traditions die hard, and in some cases now re-emerge in other parts of the world.
This is a curious and, at times, quirky book—a book about law but not a “law book” in any traditional sense. It proffers a “bottom-up” perspective on “how law travels” (“wie das Recht auf Reisen geht”), i.e., how law migrates across national (and other) boundaries.1 Its two Swiss authors, both with plentiful experience in international legal practice and legal academia, thus explore what comparatists have termed “legal transplants.”
Over the course of the last decade alone, worldwide cross-border trade in goods has increased by more than 50%, foreign investors have acquired millions of hectares of land in the Global South, and commercial activities carried out by multinational corporations have become the order of the day. These are some of the observations driving Amnon Lehavi’s investigation in Property Law in a Globalizing World.
If you want to know about Ole Lando, you can do no better than read his own memoir, “My Life as a Lawyer,” published in the Zeitschrift für Europäisches Privatrecht in 2002.1 There he sets out in characteristically short and pithy sentences the facts of his eighty years to that point, along with an account of the intellectual trajectory that saw him move from the deep study of international private law to the leadership of an academic movement to create, first, a European contract law, then, second, a European private law and, finally, a European civil code. The last has not (yet) come…