Category Archives: International Law

Banking Crisis, State Aids and Commission Guidance

As we announced a few days ago, the Commission has now issued its new guidance on how governments of member States can spend vast sums to try to save all those bankrupt banks in the EU. And get away with….. To continue reading this legal news please click Read full information...

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International commercial courts: should the EU be next? – EP study building competence in commercial law

By Erlis Themeli, Xandra Kramer, and Georgia Antonopoulou, Erasmus University Rotterdam (postdoc researcher, PI, and PhD candidate ERC project Building EU Civil Justice) Previous posts on this blog have described the emerging international commercial and business courts in various Member States. While the primary aim is and should be improving the dispute resolution system for businesses, the establishment of these courts also points to the increase of competitive activities by certain Member States that try to attract international commercial litigation. Triggered by the need to facilitate business, prospects of financial gain, and more recently also by the supposed vacuum that Brexit will create, France, Germany, the Netherlands, and Belgium in particular have been busy establishing outlets for international commercial litigants. One of the previous posts by the present authors dedicated to these developments asked who will be next to enter the competition game started….. To continue reading this legal news please click Read full information...

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Last Week at the Military Commissions: A New Judge and Testimony on Unlawful Influence

Last week, the military commission in United States v. Khalid Sheikh Mohammed et al. reconvened for pretrial proceedings, meeting in open session on Sept. 10, 11, and 12. The commission covered Col. Keith Parrella’s replacement of Col. James Pohl as the presiding military judge, began discovery motions, and interviewed witness Lieutenant Doug Newman. Parrella’s Transition into the Role Parrella recapped a Rule for Military Commissions (RMC) 802 conference that he held with counsel in advance of his appearance in court, in which he said that each side could conduct a voir dire and see his fitness report from his time as a Marine Corps Fellow at the Department of Justice (DOJ), but that his ruling should not be interpreted “as the commission’s position as to the appropriateness” of the parties seeking discovery. He also noted that various practices would continue from Pohl’s tenure as military judge: requiring each defendant to be at the….. To continue reading this legal news please click Read full information...

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Steinbrueck-Platise & Peters: Transformation of the OSCE Legal Status

Mateja Steinbrueck-Platise (Max Planck Institute for Comparative Public Law and International Law) & Anne Peters (Max Planck Institute for Comparative Public Law and International Law) have posted Transformation of the OSCE Legal Status (in The Legal Framework of the OSCE, Mateja Steinbrück Platise, Carolyn Moser, & Anne Peters eds., forthcoming). Here's the abstract:The concluding paper of the volume on the legal framework of the OSCE brings together some of the main empirical and theoretical insights of the research project which has been conducted by lawyers and political scientists, scholars and practitioners, politicians and international civil servants. The variety of contributions results in a diversified yet nuanced analysis of the legal status of the OSCE, a prime example of an informal international organisation. The paper examines their contrasting results as well as their common features and structures along three themes. First, the paper contrasts….. To continue reading this legal news please click Read full information...

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U.S. Court of Appeals for the Ninth Circuit, Cobbler Nevada, LLC v. Gonzales, Docket No. 17-35041

Attorney’s fees: Copyright: Prevailing party: Dismissal with prejudice: Voluntary dismissal: The Copyright Act states that the district court “may . . . award a reasonable attorney’s fee to the prevailing party as part of the costs . . . .” 17 U.S.C. § 505. Gonzales is the “prevailing party” because Cobbler Nevada’s contributory infringement claim was dismissed with prejudice. See Cadkin v. Loose, 569 F.3d 1142, 1150 (9th Cir. 2009) (“A defendant is a prevailing party following dismissal of a claim if the plaintiff is judicially precluded from refiling the claim against the defendant in federal court.”).In awarding fees to Gonzales, the district court acted within its discretion. See Entm’t Research 10 Grp. v. Genesis Creative Grp., 122 F.3d 1211, 1216–17, 1228–29 (9th Cir. 1997).(…) See Kirtsaeng, 136 S. Ct. at 1988–89 (a district court “may order fee-shifting . . . to deter . . .….. To continue reading this legal news please click Read full information...

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