How can forum shopping help victims of corporate torts pursue an efficient legal remedy against violations of human rights?

  • 8 July 2018
  • kutatocsoport5

Corporations have been undertaking very risk-taking activities abroad. Since they are met with less protective legislations in third-countries, some subsidiaries have been conducting their business without proper respect for human rights. As a result, not only the subsidiaries but also the parent companies can be held liable for violations of such rights in civil proceedings in their home countries. However, there is no standard international convention or jurisdictional body to regulate the relation between business and human rights and the legal remedies that victims can access. In this regard, victims must call upon domestic courts in a pursuit of the most favorable jurisdiction to obtain a civil legal redress mechanism. Read more... (Rafael Lima Asche)

Effect of Brexit On International Commercial Arbitration

  • 28 June 2018
  • kutatocsoport5

International Commercial Arbitration is an essential alternate mode of dispute resolution accompanied by the gradual liberalization of national arbitration laws in international trade. The following contribution aims to analyze the impact of Brexit on International Commercial Arbitration and how it will affect enforcement of awards. The jurisdiction clauses designating English courts and parallel proceedings with English courts are expected to raise intricate legal questions subject to many uncertainties subsequent to an effective Brexit. Read more... (Gauri Nirwal)

Limiting the ne bis in idem principle for the protection of the financial interests of the EU and the financial markets thereof

  • 20 April 2018
  • Kutatócsoport2

In a recent set of judgments, the Court of Justice of the European Union established that the principle of ne bis in idem may be limited for the purpose of protecting the financial interests of the EU and the financial markets thereof, as long as such a limitation does not exceed what is strictly necessary to achieve these objectives. The legal principle, recognized both by the Charter of Fundamental Rights of the European Union and by the European Convention on Human Rights, states that a person cannot be criminally prosecuted or punished twice for the same offence. Read more... (Dániel Szilágyi)

Difficult neighbourhood? Key developments and future perspectives in Belarus‒EU Relations

  • 14 March 2018
  • Kutatócsoport2

For approximately twenty-five years, Belarus and the EU have been faced with plenty of challenges throughout the number of attempts to establish a solid ground for building the stable bilateral relations. Being one of the countries neighbouring the EU, Belarus has commonly been assumed as the key actor in reducing tensions in the region, associated with the ongoing conflict in Ukraine. As the result, Belarus’s efforts towards maintaining the stability in the Eurasian region have considerably altered the EU strategy towards this country. Read more... (Iryna Bahanenka)

Good, but not enough – the U.S. trio need to do more to fully comply with EU consumer rules

  • 21 February 2018
  • Kutatócsoport2

Social media giants Facebook, Twitter, and Google+ released on February 15 their new terms of service, which are designed to better align with EU consumer protection rules. The changes have been greeted with enthusiasm in Brussels, but still fall short of fully complying with the European Union’s strict regulations. Read more... (Petra Ágnes Kanyuk)

Another step in the EDF v Commission Case – The General Court of the EU upheld the unfavourable decision for the french company

  • 1 February 2018
  • Kutatócsoport2

Despite several decades of application, the concept of the state aid is still not well defined enough and continues to generate extended legal battles throughout the European Union. This is well illustrated by a Judgment in Case T-747/15 of the General Court of the EU released January 16, 2018, confirming that the Commission had correctly applied the state aid rules to order France to require Électricité de France (EDF) to pay back €1.37 billion. Read more... (Petra Ágnes Kanyuk)

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