Volume 18, Issue 2

6 posts

THE UNCLEAR ROLE OF PARTICIPATING FINANCIAL INSTRUMENTS IN THE CORPORATE GOVERNANCE OF ITALIAN JOINT STOCK COMPANIES

18 Colum. J. Eur. L. 323 (2012) Marco Sagliocca, LL.M. candidate, Columbia University School of Law (2012); Ph.D candidate in Market Governance, Courts, and Judicial Review, University of Rome Tor Vergata; J.D.,.LUISS Guido Carli University of Rome (2005). Participating Financial Instruments have emerged as a key tool by which Italian joint stock companies raise capital. However, the Italian Civil Code under which Participating Financial Instruments are governed is ambiguous as to the administrative rights PFI holders can be granted. This Article examines whether and within what limits the by-laws of ltalian joint stock companies can actually assign administrative rights (such as voting rights, rights of information and control, and other defensive rights) […]

BRITISH PUBS, DECODER CARDS, AND THE FUTURE OF INTELLECTUAL PROPERTY LICENSING AFTER MURPHY

18 Colum. J. Eur. L. 307 (2012) Anastasios Kaburakis, Assistant Professor of Business Law, Strategic Management, and Sports Business in the Department of Management, John Cook School of Business, Saint Louis University. Johan Lindholm, Doctor of law (LL.D., Umeå University 2007) and a senior lecturer of law at Umeå University in Sweden. Ryan Rodenberg,  Assistant Professor of Sports Law Analytics at Florida State University in Tallahassee, Florida, USA, J.D., University of Washington-Seattle, Ph.D., Indiana University-Bloomington.

“GLOBAL EUROPE”: THE EU’S NEW TRADE POLICY IN ITS LEGAL CONTEXT

18 Colum. J. Eur. L. 277 (2012) Boris Rigod, Ph.D. Researcher European University Institute (Florence). This article links recent developments in EU  trade politics with the relevant rules governing the formulation of the common commercial policy. Its aim is to explain the domestic law regulating the EU’s current external trade relations. Since 2006 EU  trade policy has undergone a major shift from a policy of strict multilateralism towards selective bilateralism. To that end, the EU  has launched a “new generation” of free trade agreements (FTAs), which are today its principle means for opening foreign markets. Despite the fact that already many bilateral trade treaties are in place between the EU  and third […]

APPROACH OF THE EUROPEAN COURT OF JUSTICE ON THE ACCOMMODATION OF THE EUROPEAN LANGUAGE DIVERSITY IN THE INTERNAL MARKET: OVERCOMING LANGUAGE BARRIERS OR FOSTERING LINGUISTIC DIVERSITY?

18 Colum. J. Eur. L. 243 (2012) Iñigo Urrutia, Senior Lecturer of Law, Faculty of Economics and Business Studies and Faculty of Law, the University of the Basque Country -UPV/EHU, Bilbao and Leioa, Spain. The principles on which the European internal market is based advocate minimum intervention by  the authorities in the economy, as well as the removal of those requirements, obligations, or limits that prevent or hinder economic freedoms. Within this framework, linguistic requirements established at the state or sub-state level could be suspected as impermissibly obstructing the free market within Europe. Even when language policies are set down by means of conceding aid or advantages for the purpose of promoting […]

OUT OF SIGHT, OUT OF MIND: TOWARDS A NEW EU TOBACCO PRODUCTS DIRECTIVE

18 Colum. J. Eur. L. 197 (2012) Alberto Alemanno, Jean Monnet Professor of EU Law & Risk Regulation, HEC Paris. This article analyzes the legal and policy dimensions of the EU’s most far-reaching and already controversial measures presently envisaged by  the reform of the EU  Tobacco Products Directive standardized packaging and visual display bans of tobacco products. In line with the WHO Framework Convention on Tobacco Control, the former prohibits logos, colors, brand images, and promotional elements on packaging other than brand names displayed in a mandated size, font, and place, whereas the latter forbids the display of tobacco products at points of sale. Although the analysis predominantly focuses on the […]