E. Supp. 2014

Removing Arbitrary Handicaps: Protecting the Right to Education in Horváth and Kiss v. Hungary

Abstract: On January 29, 2013, in Horváth and Kiss v. Hungary, the European Court of Human Rights held that educational testing in Hungary violated the European Convention on Human Rights. The court found that the tests used in Hungary had a disproportionate effect on the Roma population and that the state has a positive obligation […]

Read More :: View PDF

Opening India’s Legal Market: The Madras High Court Cracks the Door for Foreign Lawyers

Abstract: Until 2012 India, barred foreign lawyers from formally practicing law in the country. On February 21, 2012, however, the Madras High Court, in A.K. Balaji v. Gov’t of India, handed a victory to international law firms keen on entering the Indian market alongside their globalizing clients. The Balaji decision marked the Indian judiciary’s first […]

Read More :: View PDF

Leveraging Litigation: Enforcing Sovereign Debt Obligations in Nml Capital, Ltd. v. Republic of Argentina

Abstract: In the sovereign debt market, the typical remedies to resolve sovereign default are either the negotiation route or a unilateral exchange offer. However, as a result of increasing insecurity in the sovereign debt market due to rogue sovereign debtors who take advantage of their immunity to opportunistically default and create unfavorable restructuring deals, creditors […]

Read More :: View PDF

Exhausted Yet? The First-Sale Doctrine and the Second-Hand Market for Software Licenses in the European Union

Abstract: In UsedSoft GmbH v. Oracle International Corporation, the Court of Justice of the European Union held that owners of software copyright could not prohibit the resale of used perpetual licenses allowing the use of such programs. The decision promises to significantly affect the software market and other digital industries. It also illustrates an instance […]

Read More :: View PDF

Proportionality: An Addition to the International Centre for the Settlement of Investment Disputes’ Fair and Equitable Treatment Standard

Abstract: The fair and equitable treatment standard, established in state law, customary law, and bilateral investment treaties, requires that states treat investors in a consistent and transparent manner. With its decision in Occidental Petroleum Corp., Occidental Exploration and Production Company v. Republic of Ecuador, the International Centre for the Settlement of Investment Disputes (ICSID) interpreted […]

Read More :: View PDF

The Buck Stops Here: Fundamental Rights Infringements Can No Longer Be Ignored When Transferring Asylum Seekers Under Dublin II

Abstract: Many asylum seekers entering the European Union (EU) cross more than one Member State border before lodging their asylum claims. In response, the EU adopted Dublin II to designate the point of first entry, rather than the point of application, as the State responsible for examining the claim. Unfortunately, this allocation of examination responsibilities […]

Read More :: View PDF