Results 11 to 20 of about 1,436 (143)

Profit‐with‐purpose corporations: Why purpose needs law and why it matters for management

European Management Review, Volume 20, Issue 4, Page 733-740, December 2023., 2023
Abstract In this contribution, we present the recent reform of corporate law in France (2017–2019) and discuss its implication at two levels. So far, “purpose” was mainly a managerial concept, and most efforts to make corporations responsible have not changed the legal constitution of the corporation.
Blanche Segrestin, Kevin Levillain
wiley   +1 more source

Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages

The Modern Law Review, Volume 86, Issue 4, Page 843-871, July 2023., 2023
Where one contracting party accepts the other party's repudiation should the former party's entitlement to substantial damages depend upon proof of its future ability to perform? The relevant case law is notoriously complex, and the question remains unsettled.
David Winterton
wiley   +1 more source

Unjust enrichment in investor–State arbitration: A principled limit on compensation for future income from fossil fuels

Review of European, Comparative &International Environmental Law, Volume 32, Issue 2, Page 358-370, July 2023., 2023
Abstract If States take seriously the Paris Agreement's mitigation goal by phasing out the use of fossil fuels in energy production, investor–State arbitration could allow claimants to recoup lost value. In awards of compensation, tribunals typically apply forward‐looking, income‐based valuation methods to quantify future cash flows.
Oliver Hailes
wiley   +1 more source

Intercontinental shipping in the European Union emissions trading system: A ‘fifty–fifty’ alignment with the law of the sea and international climate law?

Review of European, Comparative &International Environmental Law, Volume 32, Issue 1, Page 29-43, April 2023., 2023
Abstract The European Commission has proposed to extend the European Union (EU) emissions trading system to 50% of the carbon dioxide emissions from intercontinental maritime voyages that start or end at European ports. Yet, it remains unclear why this ‘fifty–fifty’ scope was selected and whether it is compatible with international law.
Manolis Kotzampasakis
wiley   +1 more source

The public interest dimension of the single market for data: Public undertakings as a model for regulating private data sharing

European Law Journal, Volume 29, Issue 1-2, Page 91-113, January-March 2023., 2023
Abstract Data plays a crucial role for society. Accordingly, building a ‘single market for data’ by increasing the availability of public and private data ranks high on the EU policy agenda. But when advancing legal data sharing regimes, there is an inevitable need to balance public and private interests. While the European Commission continues to push
Heiko Richter
wiley   +1 more source

Liability of shipowners and classification societies for environmental damage and unsafe working conditions at recycling yards

Review of European, Comparative &International Environmental Law, Volume 31, Issue 3, Page 468-482, November 2022., 2022
Abstract This article deals with two liability issues that are highly relevant for value chain responsibility in the maritime sector, in particular for safe and environmentally sound recycling of ships: liability of shipowners and ship managers for unsafe downstream value chains for end‐of‐life ships and liability of classification societies in their ...
Carola Glinski
wiley   +1 more source

The public–private governance regime on sustainable ship recycling: An in‐depth analysis

Review of European, Comparative &International Environmental Law, Volume 31, Issue 2, Page 268-281, July 2022., 2022
Abstract To address global sustainability issues, legal frameworks increasingly build upon private governance contributions such as private standardization and/or private certification. This is particularly true for ship recycling under the Hong Kong Convention and its European implementation, the Ship Recycling Regulation.
Carola Glinski
wiley   +1 more source

Are we ready for the ship transport of CO2 for CCS? Crude solutions from international and European law

Review of European, Comparative &International Environmental Law, Volume 30, Issue 3, Page 387-395, November 2021., 2021
Abstract Carbon capture and storage (CCS) is a crucial element of the energy transition that must take place over the next decades to tackle climate change. In recent years, the political momentum for CCS has increased and Norway is ready to deploy its first full‐chain industrial CCS project.
Viktor Weber
wiley   +1 more source

Is the Electronic Trade Documents Act 2023 Sufficient to Promote the Uptake of Paperless Trading Systems?

The Modern Law Review, Volume 89, Issue 1, Page 125-157, January 2026.
In September 2023, the Electronic Trade Documents Act (ETDA) came into force in the UK. It aims to facilitate paperless trade by allowing certain trade documents in electronic form to have the same legal functionality as their paper counterparts. The question this article poses is whether the ETDA, and similar legislative initiatives in other countries,
Ilias Ioannou
wiley   +1 more source

Weaponising the Supply Chain: Yemen's Blockade and the Contradictions of Maritime Logistics Capital

Antipode, Volume 58, Issue 1, January 2026.
Abstract This paper examines the 2023–2025 naval blockade imposed by Yemen in the Red Sea. It argues that the blockade's success in disrupting global trade stemmed from the potent confluence of asymmetric military tactics and the structural vulnerabilities inherent within global maritime logistics capitalism.
Ashok Kumar
wiley   +1 more source