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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.
The real cause and the hard cure for the “regulatory chill” of international investment agreements
Export control of automated and autonomous vehicle technologies
Autonomous vehicles will be an essential part of the mobility of the future. Cars can already relieve the driver in many situations, and the R&D sector for autonomous vehicles is booming. Companies are investing in sensor and machine-learning technology, creating pilot programmes to test self-driving vehicles at levels 4 and 5 of automation. But the export of some of these technologies may be restricted due to potential military applications.
Export control of automated and autonomous vehicle technologies
The EU global sanctions regime: How human rights affect supply chains
On 7 December 2020, the Council of the European Union adopted a decision and a regulation establishing a global sanctions regime for human rights violations. On this basis, the EU will be able to impose sanctions on persons, entities and bodies involved in or responsible for serious human rights violations and abuses worldwide—no matter where in the world such actions take place. As soon as possible, EU undertakings active on the global market should adapt their internal compliance systems and reflect human rights issues in designing their supply chains.
The EU global sanctions regime: How human rights affect supply chains
Habitual residence in the context of an application for return of a child abroad
Every case brought under the Hague Convention on the Civil Aspects of International Child Abduction requires establishment of the child’s habitual residence. Therefore, the concept of habitual residence is central to the operation of the convention itself. Nevertheless, this term is not defined in the convention, nor in the Brussels II bis Regulation applicable to relations between EU member states.
Habitual residence in the context of an application for return of a child abroad
Legal consequences of a “hard Brexit”
It will soon be 10 months since the United Kingdom withdrew from the European Union. Although Brexit has formally already occurred, the real-life consequences are barely noticeable. But the transition period in force since the beginning of February 2020 is inexorably coming to an end, and it appears less and less likely that before it expires at the end of 2020 the parties will manage to reach an agreement governing the future relations between the UK and the EU.
Legal consequences of a “hard Brexit”
M&A and corporate law following a “hard Brexit”
It is looking increasingly likely that an agreement governing relations between the UK and the EU after 31 December 2020 will not be reached in time. This could cause some legal turbulence.
M&A and corporate law following a “hard Brexit”
All quiet on the choice-of-law front
The Brexit transition period is coming to an end. Whether or not it is still possible for the UK and the EU to reach a new trade agreement, many businesses operating on both sides can expect a number of uncertainties and challenges. Fortunately, one of the issues that will remain stable is the choice of law in contracts. Here Brexit will result in only technical changes.
All quiet on the choice-of-law front
Judicial cooperation in civil and commercial matters: Choice of law, jurisdiction and enforcement
A hard Brexit would leave choice of law rules largely intact, but remove the UK from convenient EU procedures for recognition and enforcement of judgments.
Judicial cooperation in civil and commercial matters: Choice of law, jurisdiction and enforcement
Post-Brexit cooperation in criminal justice
The EU provides tools for efficient police and judicial cooperation in criminal matters. But those instruments may no longer be available to the authorities if there is a hard Brexit.
Post-Brexit cooperation in criminal justice
Brexit and restrictions on trading in dual-use items
The UK ceased to be a member state of the EU on 31 January 2020, and EU law will cease to apply to the UK when the transition period expires on 31 December 2020. This means that from 1 January 2021, the Dual-Use Regulation will not apply to the UK.
Brexit and restrictions on trading in dual-use items
Brexit and family law
On 31 January 2020, the UK ceased to be a member state of the EU, and since then has not participated in EU decision-making processes or the work of EU institutions. The transition period provided for in the Brexit withdrawal agreement ends on 31 December 2020. Until then, all EU rules (with some exceptions not related to family law) still apply to the UK, as they do to EU member states. But how will divorce, maintenance, child and parental authority issues look from the start of 2021?
Brexit and family law
The end of the transition period: effects of Brexit on UK citizens in Poland
The transition period during which UK nationals are generally treated under EU law as citizens of other member states expires on 31 December 2020. This raises more and more questions and doubts about the legality of stay of UK citizens and their family members, both those already residing in Poland and those still planning their arrival.
The end of the transition period: effects of Brexit on UK citizens in Poland