Views
Nothing Found
Sorry, no posts matched your criteria
News
Out now: Zeitschrift für vergleichende Rechtswissenschaft (ZVglRWiss) 119 (2020) No. 3
The most recent issue of the German Journal of Comparative Law (Zeitschrift für Vergleichende Rechtswissenschaft) features three articles on private international and comparative law.
The abstracts read:
- Katharina Beckemper: Bestechung und Bestechlichkeit im geschäftlichen Verkehr – Die gegenläufige Umsetzung des EU-Rahmenbeschlusses 2003/568/JI in Spanien und Deutschland, ZVglRWiss 119 (2020), 277-313
Criminal law on corruption is largely determined by Union law. This can make a comparison of the national law of two Member States interesting if there have been different implementations in detail as Union law leaves room for interpretation. However, the German legislator did not see any such room for interpretation when, in 2015, it reorganized the facts of bribery and corruption in business dealings. Rather, he felt compelled to introduce the so-called business owner model. Meanwhile, Spain removed a comparable regulation from the relevant facts in the same year. This raises the question of whether European law offers more scope for implementation than the German legislator assumed or whether the Spanish legislator violated the requirements.
- Patrick Hell: Die Shareholder Proposal Rule des US-amerikanischen Kapitalmarktrechts als Instrument des nachhaltigkeitsorientierten Aktionärsaktivismus, ZVglRWiss 119 (2020), 314-338
Environmental, social and governance (ESG) issues play a major role on both sides of the Atlantic in the current discussion in corporate and capital market law. Investors are increasingly developing their own ESG standards and are trying to influence ESG issues through direct dialogue with their companies and through voting. This sustainability-oriented shareholder activism has a long tradition in the United States. The Shareholder Proposal Rule enables non-binding decisions initiated by shareholders. This has led to a significant increase in sustainability-oriented shareholder proposals in recent years. In the following article, this rule will be presented from a historical, dogmatic and functional perspective in order to take a comparative look at German stock corporation law.
- Frederick Rieländer: Der Schutz von Geschäftsgeheimnissen im europäischen Kollisionsrecht, ZVglRWiss 119 (2020), 339-368
Whilst the Directive (EU) 2016/943 ensures that there is a consistent level of civil redress in the internal market in the event of trade secret violations, the determination of the law applicable to non-contractual claims arising out of trade secret violations raises several unresolved questions. As will be shown hereafter, non-contractual obligations flowing from infringements of trade secrets within the meaning of the Directive ought to be governed by the lex loci protectionis principle as enshrined in Art.?8(1) Rome II Regulation. Nevertheless, the law of the country in which the market is distorted applies in so far as claims are based on trade secret violations by means of ”unfair competition” within the meaning of Art.?6(1) Rome II Regulation.
The Journal can be accessed here (no open access)
The Rohingya Conflict and the interface between public international law and private international law
By Francisco Javier Zamora Cabot
Despite the progress made towards its prevention and resolution, contemporary history continues to show us examples of human-induced catastrophes, such as the genocides in Rwanda and the Balkans or, in our days, the one that afflicts the Rohingya ethnicity.
These are events that impact the conscience of humanity and that, unlike linear explanations, are usually based on a set of causes that are not always easily discernible. For instance, this is the case of the Rohingya Conflict, which, in its various phases, has generated a great deal of information and evidence, among which it is necessary to glean with a critical spirit, so as to fix the problem and, consequently, proceed to its much-needed denounce and to the pursuit of a path to a solution. To this end, and from the performance of the sciences, interdisciplinary approaches are required, the only ones that can give a full measure of the magnitude of such conflicts and of the means that must be prepared to address them.
In this order, and complemented by contributions from other branches of knowledge, international law, both public and private, constitutes an essential element to face the aforementioned conflict, by arbitrating mechanisms that enable its control and also necessarily opening ways for the remedy of victims and the punishment of those responsible for a calamity of such caliber, which affects more than a million human beings of the ethnic group mentioned above, which currently is the most persecuted on the planet and is also exposed to suffer in a special way the effects of the pandemic that afflicts the world.
The Rohingya conflict thus constitutes a field of choice at the interface between public international law and private international law, in which, for instance, actions are complemented according to the institutional channels established by the international community or, with the technical resources provided by the conflict of laws, through state-based international litigation or the implementation of elements belonging to its body of laws and with an imperative nature, such as international sanctions. Based on this, we then propose, on the occasion of the aforementioned conflict, a private international law in accordance with world governance and mobilized towards the achievement of peace, which is the ultimate foundation on which it coincides with the law of nations.
We have focused our modest contribution to the study and solution of the Rohingya conflict on these ideas, after exploring its actors, causes, and ominous results, from a wide range of sources. Written in Spanish, it is accessible here: http://www.rivistaoidu.net/sites/default/files/2_FZamora%20Cabot%20%20Marullo.pdf. Its abstract in English can be accessed here: http://www.rivistaoidu.net/sites/default/files/Abstract%20Zamora%20Cabot%20Marullo.pdf.
Profesor Dr. Francisco Javier ZAMORA CABOT,
Catedrático de Derecho Internacional Privado
(Chair Professor of Private International Law)
Facultad de Ciencias Jurídicas y Económicas
Universitat Jaume I de Castellón
CJEU on the Brussels I bis Regulation and immunity from execution in Supreme Site and Others, C-186/19
On 3 September 2020, the Court of Justice delivered its Judgment in the case that had sparked considerable scholarly interest in recent months, namely in the case Supreme Site and Others, C-186/19.
Back in June, due to the courtesy of María Barral Martínez, we presented an analysis of the case itself and of the Opinion issued by AG Saugmandsgaard Øe.