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Corporate Partners: 
 Auditing Partner:  Human Rights Partner: |
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ELSA Selected Papers on European Law 2004 (1) The WTO & Animal Welfare: "Sufficient Nexus" for Morally Based NPR-PPMs in GATT Article XX? DR LAURA NIELSEN  Download this article |
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Development of Trade in Agriculture by SABINE FERCHER Summary of Article: The Introduction briefly documents the long history of development in agriculture, moving to economic theories; the paper outlines comparative advantage as they would apply to agriculture. While quoting decisions from the Panel and the Appellate Body concerning the protection in agriculture related to Article 13 in the AoA, the author has focused on the wording of the Agreements, being aware that experts might challenge conclusions thereof. Download this article |
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Electronic Transactions: Jurisdictional Issues in the European Union by E. GUSAKOVA Summary of Article: Electronic commerce is evolving rapidly, with a huge potential of development in the future, due to the convenience of this new communication technique. Traditional rules of private international law on jurisdiction are based on geographical connecting factors, such as domicile of the parties, which are sometimes not applicable to the Internet. The purpose of this paper is to discuss the application of traditional rules of international private law rules on jurisdiction in case a transaction is concluded or performed through the Internet, and the development of EU legislation in this respect. Download this article |
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Letters from Friends: The Admissibility of Amicus Curiae Briefs in WTO Dispute Settlement by ARNDT KAUBISCH Summary of Article: A popular - though heavily disputed - device to exert influence in WTO Dispute Settlement proceedings is the amicus curiae brief by which non-state actors attempt to communicate their views to a Panel or the Appellate Body. The purpose of this article is thus to determine the admissibility of unsolicited amicus curiae briefs in WTO Dispute Settlement proceedings. Following an overview of the relevant case law, it aims to show that the Dispute Settlement Understanding provides for a legal basis of amicus curiae briefs in Panel proceedings. Download this article |
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Interpretation of Commercial Contracts in the Future European Civil Code - Objective or Subjective Method? by PAWEL MOSKWA Summary of Article: Interpretation of commercial agreements plays a crucial role in international trade. Since the creation of the European Community, the legislatures, courts, and the legal academies of different Member States have presented significantly diverging views on the issue of the intent of the parties in the process of interpretation. The courts in the common law countries (the UK, Ireland) have voiced a preference for relying on objective manifestations of the parties' intentions (objective method of interpretation); while in other Member States (Germany, Austria, France, Italy) the doctrine of the subjective interpretation takes precedence. For the purpose of international commercial agreements, it is essential to determine, which of the two mentioned above doctrines (objective or subjective) should prevail in the future European Civil Code. Download this article |
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Addressing the Abuse of the WTO's Exemption for Regional Trade Agreements by STEPHEN WALSH Summary of Article: This paper assesses the legal basis for the facilitation of Regional Trade Agreements within the multilateral trading system (MTS) that is paramount in generating Mr Ruggiero's concerns. The salient legal texts and the procedural application of them within the WTO shall be addressed. This paper highlights the legal inadequacies and offers remedial suggestions where appropriate. In order to be able to authoritatively analyse the legal predicaments relating to regionalism and to make informed suggestions, an investigation of its origins and subsequent development is carried out. Download this article |
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