Problem setting. The rapid development of digital technologies that we have witnessed over the last ten years is transforming all areas of society. Thanks to the technological
advances of recent years and the growing use of AI in the legal sphere of modern society, new phenomena are emerging within the legal landscape. [...]
The increased complexity of international tax rules since the inception of the BEPS project created the need for alternative dispute resolution. This realisation has led both
the international community and European Union institutions to expand on the possibilities for intergovernmental mechanisms to address diverging interpretation of [...]
peer reviewed ; This article concentrates on the ‘duty of care’ or ‘diligence’, a principle that has become ubiquitous in CJEU case law due to its central role in calibrating
the intensity of judicial review of EU acts on the legislative, regulatory and single-case decision-making levels. [...]
This Commentary provides comprehensive analysis of the 2005 Hague Convention on Choice of Court Agreements that came into force in October 2015. Drawing on the contributors’
expertise from a range of legal traditions, including Commonwealth and US common law, as well as French and German civil law traditions, it presents an article-by-article [...]
peer reviewed ; This paper investigates the practical reasoning involved in compliance-related decisions, distinguishing between two scenarios where a state of affairs is evaluated
in the light of applicable norms: ex post compliance checking and ex ante compliance choices. [...]
The European Compliance Benchmark is the output of the Legal Research Group organised by ELSA International in cooperation with K&L Gates. 24 participating countries researched
the national legislation concerning corporate criminal and regulatory liability covering the topics of anti-corruption, fraud, anti-money laundering, sanctions, prosecution [...]
The article considers whether it is possible to talk about constitutional review by international courts and tribunals in the context of constitutionalization of international
law. The author starts with a brief analysis of the problem of constitutional review and its legitimacy. [...]
This article examines the reparation regime of the International Criminal Court in light of its first reparation decision. Based on the reparation jurisprudence established
in international law and human rights law to provide victims of international crimes an effective remedy, this article suggests that in order for the International [...]
The fully-fledged legal disciplines of international human rights law and international criminal law both emerged from the aftermath of the Second World War. This chapter examines
the extent to which international human rights law has influenced the development of international criminal procedure. [...]