European Public Law: EU eJournal最新文献_第5页

Coty, Amazon, and the Future of Vertical Restraints: Evolving Distribution Norms on Both Atlantic Shores 科蒂、亚马逊和垂直限制的未来:大西洋两岸不断演变的分销规范

European Public Law: EU eJournal Pub Date : 2018-09-06 DOI: 10.2139/SSRN.3245418

C. Sagers

{"title":"Coty, Amazon, and the Future of Vertical Restraints: Evolving Distribution Norms on Both Atlantic Shores","authors":"C. Sagers","doi":"10.2139/SSRN.3245418","DOIUrl":"https://doi.org/10.2139/SSRN.3245418","url":null,"abstract":"Coty Germany, GmbH v. Parfumerie Akzente, GmbH, a late 2017 decision of the European Court of Justice (ECJ), set off something of a tizzy along North Atlantic shores concerning the future of vertical restraints and distribution relationships in online commerce sectors. Generally, Coty seemed to reflect the sense that online distribution posed threats to them that were new or special. Firms and their lawyers saw need to protect their brands from the rapacity of big, no-frills, price-cutting online retailers, including above all Amazon. Sure enough, the same anxieties find expression in other broad policy initiatives relating to online commerce, including the “Better Deal” program of Democrats in the U.S. Congress and the European Union’s ambitious new “Digital Single Market” program. But all this anxiety might look rather different if—contrary to our usual habit—consider it in historical context. In fact recent developments may not really be so new, at least not any ways relevant to competition policy. In fact, technological innovation in distribution, and the tension that has always characterized relations of suppliers and distributors, is an old story, and has been associated with some of the bitterest politics in antitrust history. And in times past, when similar anxieties of aggressive or innovative distributors have been met with private trade restraints or lobbying for protectionist government intervention, it has often enough turned out that the motives were not so pure and the changes that were feared were not ultimately so bad.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124826303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Disclosure of Inside Information 内幕消息披露

European Public Law: EU eJournal Pub Date : 2018-09-05 DOI: 10.2139/SSRN.3244401

J. Payne

引用次数: 3

The Process of Forming a Criminal Policy of the European Union 欧盟刑事政策的形成过程

European Public Law: EU eJournal Pub Date : 2018-08-27 DOI: 10.2139/ssrn.3838621

Venelin Terziev, Marin Petkov, Krastev Dragomir

引用次数: 3

Differentiated Integration in Europe after Brexit: An Institutional and Legal Analysis 英国脱欧后欧洲差别化一体化:制度与法律分析

European Public Law: EU eJournal Pub Date : 2018-08-23 DOI: 10.2139/ssrn.3237402

Giacinto della Cananea

{"title":"Differentiated Integration in Europe after Brexit: An Institutional and Legal Analysis","authors":"Giacinto della Cananea","doi":"10.2139/ssrn.3237402","DOIUrl":"https://doi.org/10.2139/ssrn.3237402","url":null,"abstract":"The outcome of the referendum that has been held in the United Kingdom about leaving the European Union (Brexit) has fuelled the debate, in political and academic circles, about the future of the EU in the perspective of differentiated integration. The paper seeks to contribute to the debate, by arguing that it should be made clear that the differing solutions that are proposed for the challenges with which the Union is confronted are based not only on different legal foundations, but also on distinct ideas and beliefs about European construction. The paper explains how the institutional and legal mechanisms of differentiated integration can be assessed on the basis of the twin criteria of clarity and coherence, in the sense that some of them can be said to be coherent with one vision of Europe, not with the other one. It focuses, first, on institutional mechanisms of differentiated integration within the EU and, second, on legal mechanisms that imply an interaction between EU members and third countries, including the EEA. It is suggested that those mechanisms can be relevant also in the light of a Member State’s decision to leave the EU, as it happened with Brexit.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124491586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The EU in Global Energy Governance 全球能源治理中的欧盟

European Public Law: EU eJournal Pub Date : 2018-06-28 DOI: 10.2139/ssrn.3849172

M. Ishii

引用次数: 0

Bringing the European Eel Back from the Brink: The Need for a New Agreement under the Convention on Migratory Species 把欧洲鳗鱼从灭绝的边缘带回来:需要在《迁徙物种公约》下达成一项新协议

European Public Law: EU eJournal Pub Date : 2018-06-28 DOI: 10.58948/0738-6206.1814

C. Wold

{"title":"Bringing the European Eel Back from the Brink: The Need for a New Agreement under the Convention on Migratory Species","authors":"C. Wold","doi":"10.58948/0738-6206.1814","DOIUrl":"https://doi.org/10.58948/0738-6206.1814","url":null,"abstract":"The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not be improving. The eel’s Appendix II status on CITES regulates only international trade. The CMS Appendix II listing does not impose any specific conservation obligations on the Parties. No other international treaty has the competence to manage the full suite of threats across the eel’s range. \u0000 \u0000Thus, European eel conservation would benefit from a new international legal instrument negotiated under the auspices of CMS. Unlike other agreements, a legal instrument negotiated under CMS can cover the full range of the European eel’s freshwater and marine habitat and address the full range of threats to the species. CMS Agreements can be legally binding or not. Regardless of the instrument’s legal status, it should prohibit or regulate taking; prohibit or regulate trade, potentially through a CDS; establish an advisory body to assess new scientific information and review management strategies; and include reporting obligations to help monitor the success or failure of management strategies.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131649590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Defining Elements and Emerging Legal Issues of EU 'Sanctions' 界定欧盟“制裁”的要素及新出现的法律问题

European Public Law: EU eJournal Pub Date : 2018-06-19 DOI: 10.2139/ssrn.3287431

L. Borlini, Stefano Siligardi

{"title":"Defining Elements and Emerging Legal Issues of EU 'Sanctions'","authors":"L. Borlini, Stefano Siligardi","doi":"10.2139/ssrn.3287431","DOIUrl":"https://doi.org/10.2139/ssrn.3287431","url":null,"abstract":"With some 40 different types of restrictive measures in force, the European Union is undisputedly one of the major protagonists of today’s sanction regimes. Measures such as selective trade embargos, asset freezes and travel bans have been adopted by the EU not only to implement Security Council mandated sanctions, but also in addition to (as with Iran and North Korea) or in the absence of UN action (as with Syria and Russia). Further, EU recent practice evidences that sanctions (Myanmar and Zimbabwe) have served the EU and its member states’ own interests also with the view to promoting (the European construction of) values generally shared in international society. After outlining the legal discipline and the policy framework of EU restrictive measures, the present article analyses the legal issues emerging with respect to EU sanctions over the last four years. Among these, the 2017 ruling of the Grand Chamber of the Court of Justice of the EU in Rosneft, Brexit and its consequences on the implementation/adoption of sanctions by the United Kingdom, and recent developments concerning the legal position of candidate countries which refused to align with the EU sanction adopted in reaction to the Ukraine crisis, are the most important.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131132463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Effect of Competition Law on Patent Remedies 竞争法对专利救济的影响

European Public Law: EU eJournal Pub Date : 2018-06-01 DOI: 10.2139/SSRN.3248905

Alison Jones, Renato Nazzini

引用次数: 3

All Quiet in the Western (European Football) Front Regulation of Football in the European Continent 西方(欧洲)足球的一切都归于平静

European Public Law: EU eJournal Pub Date : 2018-05-01 DOI: 10.2139/ssrn.3188145

P. Mavroidis

引用次数: 0

Evaluation of Sustainability Reporting Under EU Directive 2014/95 欧盟指令2014/95下的可持续发展报告评估

European Public Law: EU eJournal Pub Date : 2018-04-20 DOI: 10.2139/ssrn.3237133

J. Lipskyte, H. Koster

引用次数: 1