Predicting the Future of European Property Law


Book Description

In 1994 René de Groot and Steven Bartels published an article in Ars Aequi, a Dutch, completely student run journal, about the future of property law in the European Union. The Treaty of Maastricht had just entered into force and a new era in the European integration process was about to begin. Before any of the challenges brought with EU enlargement in 2004, the financial crisis from 2007 onwards, or the migration crisis in 2015, De Groot and Bartels devoted their attention to a thought experiment: what could the role of property law be in the European Union? Their answers are, looking at it from a 2016 perspective, very accurate, both in terms of developments and their predictions what action would be needed for these to come about.In their contribution De Groot and Bartels focus on security rights, use rights and rules of third party protection (also known as the bona fide purchaser). The main core of their argument is that because property law systems are divergent, comparative research is needed before the European Union can take appropriate action. This statement holds true today and each of these themes deserves attention in the 2016 context, before I return to the main argument on the need for comparative research.




The Future of European Property Law


Book Description

European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities




European and National Property Law


Book Description

This volume of The Walter van Gerven Lectures series examines the relationship between European and national property law. One of the pillars of the economic constitution of the EU is what might be called "freedom of property." It is, however, not really clear what is meant by "property" and "property rights" in a private law sense. How can property rights, or rights against the world, be defined at a European level? Under the surface of the differing rules, European property law systems seem to share several leading policies and principles, yet existing differences should not be ignored. A search for common policies, principles, concepts, and rules is badly needed. The lecture documented in this book provides research, examining problem areas and presenting suggestions.




2010


Book Description

The current rich volume of the "Yearbook of Private International Law" includes a special section on actual issues on conflict of laws and jurisdictions in the United States. Another special section is devoted to the revision of the Brussels I Regulation, in particular after the recent proposal by the European Commission. National reports and court decisions complete the book. Recent highlights include: the new Chinese Statute on Private International Law the Rome III Regulation on the Law Applicable to Separation and Divorce the recent CJUE decisions on jurisdiction in contractual disputes, in particular in the case of e-commerce the law applicable to the actio pauliana national reports from Egypt, Iran, Israel and Norway




Intellectual Property Law and Policy Volume 10


Book Description

Hart Publishing is pleased to announce that it has recently become publisher of this prestigious and much valued work. The 15th Annual volume in the series collects the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyze the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, seeks to make a lasting contribution to discourse in IP law; few of the chapters are merely descriptive, and most raise questions of policy or discuss new developments. Praise for the Fordham International Intellectual Property Conference: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." Hugh Laddie, (formerly Mr. Justice Laddie) University College, London and consultant to Rouse & Co, Willoughby & Partners. "Faculty for this conference are always well-known 'names' well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." The Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.




The Future of Europe


Book Description

This book examines the political, economic and social issues that are at the heart of the debate on the future of the European Union. Various experts address the questions of the role of the European Parliament and democratic control; the reform of the public sector; citizenship; crime and criminal justice; common foreign and security policy; East-West trade; the communications revolution; regional inequalities; unemployment; demographic change and health policy. Recommendations are made for the consideration of the current IGC.




Predicting Future Oceans


Book Description

Predicting Future Oceans: Sustainability of Ocean and Human Systems Amidst Global Environmental Change provides a synthesis of our knowledge of the future state of the oceans. The editors undertake the challenge of integrating diverse perspectives—from oceanography to anthropology—to exhibit the changes in ecological conditions and their socioeconomic implications. Each contributing author provides a novel perspective, with the book as a whole collating scholarly understandings of future oceans and coastal communities across the world. The diverse perspectives, syntheses and state-of-the-art natural and social sciences contributions are led by past and current research fellows and principal investigators of the Nereus Program network. This includes members at 17 leading research institutes, addressing themes such as oceanography, biodiversity, fisheries, mariculture production, economics, pollution, public health and marine policy. This book is a comprehensive resource for senior undergraduate and postgraduate readers studying social and natural science, as well as practitioners working in the field of natural resources management and marine conservation. Provides a synthesis of our knowledge on the future state of the oceans Includes recommendations on how to move forwards Highlights key social aspects linked to ocean ecosystems, including health, equity and sovereignty




Intellectual Property Law and Human Rights


Book Description

Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.




IIC


Book Description




Standardisation of Property Rights in European Property Law


Book Description

European Property Law is in development. In the last decades it has been a study of theory rather than of practice as it is usually considered too diverse and too much differing between countries to ever achieve meaningful results when trying to seek harmonisation. Recently, however, property law is moving to the center of the debate on the making of European private law. This does not take away the need to look at fundamental questions of property law. In face, the piecemeal approach of harmonisation taken in European Union private law especially creates problems for property law with its doctrinally coherent national systems.One of the most essential issues in property law is the numerous clauses of property rights. The closed list of property rights from which parties much choose when they seek to create a new property right. The principle has recently received a lot of attention and this has greatly enriched the property law debate. Numerous clauses have been analyzed from a legal comparative, but also from an economic point of view. Especially in the economic analysis of numerous clauses standardisation plays a crucial role. By standardisation Thomas Merill and especially Henry Smith argue information costs externalities can be minimized.This paper discusses the descriptive value of standardisation theory in property law for the European legal arena, but then moves to a normative level and investigates whether standardisation theory can also be used as a basis for the future development of European property law. Especially by joining insights from standardisation theory with fundamental aspects of publicity, i.e. the differentiation of classes of third parties on the market, this paper offers a way forward for the development of property law in Europe and beyond.