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Should we be preparing for a Russian-Belarusian investment arbitration offensive?
After Russia threatened to expropriate foreign investors withdrawing from that country because of the war with Ukraine started by Russia and Belarus, we have seen an avalanche of commentaries encouraging wronged enterprises to prepare lawsuits against Russia in investment arbitration proceedings.
EU economic sanctions and international sport
Clubs are withdrawing from Russian leagues and foreign players are terminating contracts with Russian clubs. This is not just a protest against the war, but a rational step in the face of EU economic sanctions. And possibly the biggest shocks are still to come.
The Russia ban and the principle of neutrality of sport
One of the fundamental principles enshrined in the Olympic Charter is the principle of neutrality. According to this principle sport must be separate from political, religious or any other type of interference. This principle has been put to a major test by the international sport community’s response to the Russian invasion on Ukraine.
Compensation for human rights violations in supply chains
international law, project
Businesses are to be held legally accountable for failing to exercise due diligence to prevent human rights violations from occurring in their supply chains. On 23 February 2022, the European Commission published a long-awaited draft Directive on Corporate Sustainability Due Diligence.
News from Poland—Business & Law, Episode 13 (part 2): interrogation of a foreigner as a witness
News from Poland, litigation
Stanisław Drozd and Konrad Grotowski carry on explaining what to expect if you are a foreigner testifying as a witness before the Polish civil court.
The dispute over the Polish judicial system and the security of legal rulings: On the common-law de facto doctrine of judicial competence
The legal chaos into which the Polish judicial system has been plunged generates huge practical problems and threats to the security of legal rulings. It casts into doubt the legality of hundreds of judicial appointments and the validity of thousands and thousands of rulings on which commercial and social life are based. One way to contain these threats could be the principle functioning in common-law countries known as the “de facto doctrine,” which under certain conditions allows the acts of judges and officers who were unlawfully appointed to be deemed nonetheless valid. Outside the common law, this doctrine could also be inferred from the constitutional principle of the rule of law as well as the fundamental principles of EU law.
News from Poland—Business & Law, Episode 13 (part 1): interrogation of a foreigner as a witness
News from Poland, litigation
This time Stanisław Drozd and Konrad Grotowski explain what to expect if you are a foreigner testifying as a witness before the Polish civil court. The second part of the film will be published in January next year.
The real cause and the hard cure for the “regulatory chill” of international investment agreements
There is a growing concern among human rights advocates that states—in particular capital-importing ones—are not doing enough to protect their societies against human rights abuses related to foreign investments. The common conviction is that this has to do with the “regulatory chill” caused by international investment agreements (IIAs). States reportedly hesitate to pursue regulations and policies promoting human rights, in fear of being sued in the international arbitration provided for by IIAs for unduly interfering with foreign investors’ interests.
UEFA sanctions against Super League clubs and players may infringe competition law
On Sunday, 18 April 2021, the whole football world was electrified by news that major clubs from England, Spain and Italy are finalising the construction of the “Super League.” These exclusive matches would be independent of the Union of European Football Associations and pose competition for the Champions League organised by UEFA.
Simplistic criticism of German ruling in ECB case only helps anti-EU populists
Last week a judgment by the German Federal Constitutional Court (BVerfG) made headlines around the world after the country’s highest court refused to follow a preliminary ruling of the Court of Justice of the European Union. The decision attracted strong criticism. Critics accused the BVerfG of going rogue, undermining the EU system and providing support for the anti-EU populist agenda. The BVerfG judgment, although indeed controversial and issued at a difficult time, does not deserve this condemnation. Some of the critics’ unjustified opinions can do more for anti-EU populists than the judgment itself.
This pandemic will not reverse globalisation, but it will threaten the transnational rule of law
It is a common concern among commentators on international relations that the COVID-19 pandemic will lead to deglobalisation. Indeed, the havoc wrought by the pandemic in the global economy raises some unsettling questions about the fragility of global supply chains, especially in critical industries, and about the interdependency of national economies. It is nudging sentiment towards reshoring, promoting domestic production and protectionism.
EU constitutional order forged before our very eyes
On 5 May 2020 the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) issued a much-noted ruling in a case involving the Public Sector Asset Purchase Programme of the European Central Bank. The judgment has caused a great stir, as the BVerfG expressly refused to comply with a ruling by the Court of Justice of the European Union. It was the first such instance in history, but its significance is the opposite of what is attributed to it by opponents of European integration.