Publication & Articles 2012

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Symposium Essay: The Transnationality of International Commercial Arbitration Awards [ Volume 2 – 2012 ]

26 September 2012

This essay will proceed by first discussing what is known as the delocalisation debate:  whether an arbitral award in an international commercial arbitration is or is not controlled by the law of the country where it was given – in essence whether such an award is ‘anational’ (i.e. detached from any national legal system)[i] and can accordingly be considered to be purely transnational in its nature[ii].  Following on from...

The Adjustment of Copyright Protection in Music Industry as Affected by the Technology and the Internet: Social Network Analysis and Economic Approach

9 September 2012

Desrezka Larasati – Master Thesis IEBL 2012 Kyushu Univ

Consumers and the Proposal for an Optional Common European Sales Law – No Roads Lead to Rome? [ Volume 2 – 2012 ]

19 June 2012

The Proposal for a Regulation on a Common European Sales Law[i] (hereinafter Proposal), which aims at aligning the legal framework for cross-border B2C relationships via an alternative, fully harmonized pan-European sales law regime at the national level[ii], has further intensified the long running debate on the interplay between European sales and consumer law. Numerous scholars, including myself, have been...

Law applicable to infringement of moral rights in Japan (Case Comments) – “Chinese poem” case (Tokyo District Court decision of 31 May 2004, Case No. 26832 (wa) of 2002) [ Volume 2 – 2012 ]

11 May 2012

Exploitation of creative works goes beyond national boundaries. By this very nature, an infringement on the rights of the author may lead to a question of applicable law.
The applicable law on the infringement of economic rights, illegal copy for example, is generally considered to be the law of the country...

Company Law, Lawyers and “Legal” Innovation: Common Law versus Civil Law [ Volume 2 – 2012 ]

19 April 2012

Arguably, there is a relationship between company law, lawyers and innovation. The editorial in the Economist of 18 December 1926 clearly describes the relationship: “The economic historian of the future may assign to the nameless inventor of the principle of limited liability, as applied to trading corporations, a place of honour with Watt and Stephenson, and other pioneers of the Industrial Revolution. The genius of...