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European Investment Law and Arbitration Review

Volume 3 (2018), Published under the auspices of Queen Mary University of London and EFILA

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Edited by Loukas Mistelis and Nikos Lavranos

Free access to the 3rd Annual EFILA Lecture by Christopher Greenwood (until 1 June 2020).

With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.

Published under the auspices of Queen Mary University of London and EFILA.

The European Investment Law and Arbitration Review is also available online.

What is Market Manipulation?

An Analysis of the Concept in a European and Nordic Context

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Andri Fannar Bergþórsson

The Market Abuse Regulation (MAR) entered into force in 2016 within the European Union, which introduced a fully harmonized ban on market manipulation. Even though the regulation is quite detailed, the terms used to define market manipulation are relatively vague and open-ended. In What Is market manipulation? Dr. Andri Fannar Bergþórsson offers unique insight to and an interpretation of the concept of market manipulation, which includes an analysis of case law from the Nordic countries. The aim of the book is to clarify the concept as described in MAR and to provide readers some guidelines to distinguish between lawful behaviour and market manipulation (the unlawful behaviour). Bergþórsson convincingly argues that misinformation is an essential element of all forms of market manipulation.

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Jasmina Mačkić

In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.

Ukrainian Banking Regulation

Its Challenges and Transition towards European Standards

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Olga Afanasyeva and Armin Kammel

For the last few years, Ukraine and its financial sector have gradually sought to apply and comply with EU standards. Most recently, the signing of the EU-Ukraine Association Agreement has given Ukraine’s transition towards EU standards a formal basis. Ukraine, with EU support, is in the process of implementing EU regulations according to this Agreement. Against this background, the publication Ukrainian Banking Regulation: Its Challenges and Transition towards European Standards elaborates on this process by providing an in-depth background of the current Ukrainian banking regulation, its economics and the challenges of complying with the new EU standards.

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Edited by Stephan Wittich, Jane A. Hofbauer and Gerhard Loibl

The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes.
The anniversary Volume 20 covers 2015 and hosts an Agora on “Court Generated State Practice” in the emergence of customary international law.

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Maria Sjöholm

In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.

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Meltem Ineli-Ciger

Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.

European Investment Law and Arbitration Review

Volume 2 (2017), Published under the auspices of Queen Mary University of London and EFILA

Series:

With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.

Published under the auspices of Queen Mary University of London and EFILA.

The European Investment Law and Arbitration Review is also available online.

Edited by Astrid Kjeldgaard-Pedersen

In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.

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Alexander Hoogenboom

Traditionally viewed as a positive phenomenon, student mobility has recently come under critical scrutiny as a result of the financial crisis pushing European solidarity to its breaking point, and the fear of excessive EU incursion into the autonomy of Member States with respect to their higher education systems.
In Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union, Alexander Hoogenboom contributes to the ongoing and evolving debate from a legal perspective. The book offers recommendations with a view to reconcile the mobility rights of Union citizens for study purposes and the need to respect Member State autonomy in the organisation of their higher education systems. The argument made suggests rethinking established principles in EU free movement law while encouraging greater EU involvement in student funding opportunities.