DOCSLIB.ORG

Investment Arbitration and National Interest (Csongor István Nagy Ed., Council on International Law and Politics, Indianapolis 2018)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Investment Arbitration and National Interest (Csongor István Nagy Ed., Council on International Law and Politics, Indianapolis 2018) See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/330567002 Investment arbitration and national interest (Csongor István Nagy ed., Council on International Law and Politics, Indianapolis 2018) Book · January 2019 CITATIONS READS 0 263 15 authors, including: Frank Emmert Wasiq Dar Indiana University-Purdue University Indianapolis O.P. Jindal Global University 177 PUBLICATIONS 163 CITATIONS 7 PUBLICATIONS 3 CITATIONS SEE PROFILE SEE PROFILE Dalma Demeter Begaiym Esenkulova American University of Central Asia 12 PUBLICATIONS 3 CITATIONS 8 PUBLICATIONS 3 CITATIONS SEE PROFILE SEE PROFILE Some of the authors of this publication are also working on these related projects: Investment Arbitration in Central and Eastern Europe Law and Practice Elgar Arbitration Law and Practice series View project SmartArb - The International Smart Mediation and Arbitration Institute, Indianapolis View project All content following this page was uploaded by Csongor István Nagy on 23 January 2019. The user has requested enhancement of the downloaded file. Csongor István Nagy is professor of law at the University Csongor István Nagy Csongorof Sz Istváneged Nagyand recurrent is professor visiting of law professor at the University at Central Euro-Csongor István Nagy of Szeged and recurrent visiting professor at Central Euro- pean University (Budapest/New York) and Sapientia Uni- Csongor István Nagy CsongorCsongor István István Nagy Nagyis professor is professor of law of at law the at University the University Csongor István Nagy pean versityUniversity of Transylvania (Budapest/New (Romania). York) and Earlier, Sapientia he had Uni- visiting versityof Szegedof of Sz Transylvania egedand recurrent and recurrent (Romania). visiting visiting professor Earlier, professor he at had Central at visiting Central Euro- Euro- pean appointmentspeanUniversity University (Budapest/New in (Budapest/New the Hague, York) Munich, York)and Sapientia and Brno, Sapientia Hamburg, Uni- Uni- appointmentsEdinburgh, in theLondon, Hague, Bloomington Munich, Brno, (Indiana), Hamburg, Brisbane and Edinburgh,versity versity of Transylvania London, of Transylvania Bloomington (Romania). (Romania). Earlier,(Indiana), Earlier, he hadBrisbane he visiting had andvisiting appointmentsBeijing.appointments He in isthe admitted in Hague, the Hague, Munich,to the Munich, Budapest Brno, Brno,Hamburg, Bar Hamburg, and an arbitra- Investment Arbitration Beijing. tor He at isthe admitted Court of to Arbitration the Budapest attached Bar and to an the arbitra- Hungarian Investment Arbitration torEdinburgh, at Edinburgh,the Court London, of London, Arbitration Bloomington Bloomington attached (Indiana), to(Indiana), the Brisbane Hungarian Brisbane and and Chamber of Commerce and Industry. He earned his J.D. ChamberBeijing.Beijing. He of is Commerce admittedHe is admitted to and the Industry.to Budapest the Budapest He Bar earned and Bar an hisand arbitra- J.D. an arbitra- InvestmentInvestment Arbitration Arbitration and Ph.D. from the Eötvös Loránd University of Sciences and National Interest andtor at Ph.D. torthe at Courtfrom the Courtthe of Arbitration Eötvös of Arbitration Loránd attached University attached to the ofto Hungarian Sciencesthe Hungarian and National Interest and his LL.M. and S.J.D. from Central European University. andChamber hisChamber LL.M. of Commerce and of CommerceS.J.D. fromand Industry. Centraland Industry. European He earned He earnedUniversity. his J.D. his J.D. and National Interest and Ph.D.and Ph.D.from thefrom Eötvös the Eötvös Loránd Loránd University University of Sciences of Sciences and National Interest With the emerging waveand of hisand new-generation LL.M. his LL.M.and S.J.D. and S.J.D.fromfree trade Centralfrom Centralagreements European European University.(both University. bilateral Csongor István Nagy With the emerging wave of new-generation free tradeCsongor agreements István Nagy is professor (both bilateralof law at the University Investment BITs BITsand andmultilateral multilateral IIAs), IIAs),investment investment arbitration arbitration hasof Sz egedbecome has and become recurrent one of visiting onethe centralprofessorof the central at Central Euro-Investment Withissues theWith emerging theof the emerging contemporary wave waveof new-generation of discoursenew-generation on free international trade peanfree University tradeagreements agreements economic(Budapest/New (both relations. (bothYork)bilateral and bilateral Sapientia Uni- Investment issues of the contemporary discourse on international economic relations. Investment BITs andBITs multilateral and multilateral IIAs), investmentIIAs), investment arbitration arbitration hasversity become ofhas Transylvania become one (Romania).of one the of central Earlier,the central he had visiting CriticsCritics argue argue that thatinvestment investment disputes disputes are settled are settled appointmentsin the inframe the in theframeof Hague,intransparent of Munich, intransparent Brno, Hamburg, arbitralissuesarbitralissues of proceedings the ofproceedings contemporary the contemporary devoid devoid discourseof any discourseof democratic any on democratic international on internationallegitimacy,Edinburgh, legitimacy, economic London,giving economic Bloomington givingrelations.ad-hoc relations. ad-hoc private (Indiana), private Brisbane and Beijing. He is admitted to the Budapest Bar and an arbitra- Investment Arbitration bodiesCriticsbodiesCritics argue and “judges” andargue that “judges” investment that the investment competence the competencedisputes disputes to are adjudicate settled to are adjudicate settled in public the in frame public thelaw frame questionsof law intransparent of questions intransparent of great of great arbitralarbitral proceedings proceedings devoid devoid of any of democratic any democratic legitimacy, tor atlegitimacy, the Court giving of Arbitration giving ad-hoc ad-hoc attached private privateto the Hungarian significance - and potentially great cost - to host countries. So far, the main actors Arbitration and National Interest significance - and potentially great cost - to host countries.Chamber of Commerce So far, the and main Industry. actors He earned his J.D.Arbitration and National Interest and National Interest inbodies investor-stateinbodies investor-state and “judges” and arbitration“judges” the arbitration competence the have competence havebeen to beenslow adjudicate to toslow adjudicate respond andto public Ph.D.respond to publicfrom lawthis the toquestionscriticism. lawEötvös this questions Lorándcriticism. Asof Universityagreat result, of As great aof result,Sciences and his LL.M. and S.J.D. from Central European University. Arbitration and National Interest severalsignificanceseveralsignificance countries countries - and have -potentially and have refused potentially refused great to honor greatcost to honor - awards costto host -awards to against countries.host againstcountries. them So andthemfar, So thea far, coupleand main the a couple mainhaveactors actors have Arbitration and National Interest in investor-statein investor-state arbitration arbitration have beenhave beenslow toslow respond to respond to this to criticism. this criticism. As a result, As a result, eveneven withdrawn withdrawn from from investment investmentWith thearbitration emerging arbitration wave altogether. of new-generation altogether. free trade agreements (both bilateral several countries have refused to honor awards against them and a couple have Investment Theseveral Thepresent countries present volume volumehave addresses refused addressesBITs tofive andhonor central fivemultilateral awardscentral issues IIAs), againstissues investmentin the in scholarlythem arbitrationthe andscholarly debate hasa couple become debate on onehave invest- of on the invest-central even withdrawn from investmentissues of the contemporaryarbitration discoursealtogether. on international economic relations. mentevenment withdrawnarbitration arbitration fromand national andinvestment national interest: arbitration interest: altogether. The presentThe present volume volume addresses addressesCritics five arguecentral five that central issuesinvestment issues in disputesthe in scholarly the are settledscholarly debate in the debate frame on ofinvest- intransparent on invest- 1. Challenges1. Challenges to the to legitimacy the legitimacyarbitral of the proceedings of current the current devoid system, of system, any in democratic particular in particular legitimacy, based giving onbased cases ad-hoc on privatecases ment mentarbitration arbitration and national and national bodiesinterest: andinterest: “judges” the competence to adjudicate public law questions of great of abuse,of abuse, lack oflack access of access and transparency, and transparency, insufficient insufficient public public participation, participation, and and 1. Challenges1. Challenges to the to legitimacy the legitimacysignificance of the of current -the and potentiallycurrent system, system,great in cost particular -in to particularhost countries. based based onSo far, cases the on main cases actors Arbitration and National Interest difficultiesdifficulties with withbalancing balancing ofin investor investor-state of investor rights arbitration rights and havehost and been state host slow (public) state to respond (public) interests; to this criticism.interests; As a result, of abuse,of abuse, lack of lack access of access and transparency, and transparency, insufficient insufficient
Load more

Recommended publications
  • Competition and Regulation 2020
    COMPETITION AND REGULATION • 2020 • COMPETITION AND REGULATION • Editorial board of the series • Pál Valentiny (chairman), Institute of Economics, Centre for Economic and Regional Studies Ferenc László Kiss (honorary editor in chief) Csongor István Nagy, University of Szeged Zombor Berezvai, Hungarian Competition Authority COMPETITION AND REGULATION • 2020 • Editors PÁL VALENTINY • ZOMBOR BEREZVAI • CSONGOR ISTVÁN NAGY INSTITUTE OF ECONOMICS CENTRE FOR ECONOMIC AND REGIONAL STUDIES Budapest • 2020 The publication of the Hungarian volumes had been financially supported by the Hungarian Competition Authority Editors Pál Valentiny • Zombor Berezvai • Csongor István Nagy Copyright © Institute of Economics Centre for Economic and Regional Studies, Budapest, 2020 ISSN 1789-9702 Published by: Institute of Economics Centre for Economic and Regional Studies 1097 Budapest, Tóth Kálmán utca 4. Online available at http://www.mtakti.hu/publikacio/publikacio-kategoria/ verseny-es-szabalyozas/ Publisher: Imre Fertő Copy editor: Anna Patkós Design, page layout: Anikó Környei CONTENTS FOREWORD 7 COMPETITION POLICY 11 Tünde Gönczöl • Antitrust hipsters and their critics 13 Gergely Csorba • Should European competition policy change in reaction to global challenges? Lessons from the Siemens–Alstom merger and its impact 43 Pál Valentiny • Market and government failures. The changing relationship between industrial policy and competition policy interventions 62 Borbála Tünde Dömötörfy – Barnabás Sándor Kiss – Judit Firniksz • Ostensible Dichotomy? By object and by effect restraints in EU competition law, with special regard to the Budapest Bank case 91 Csongor István Nagy • Why is leniency policy less effective in Hungary: is there a regulatory answer? 115 REGULATION 131 Zombor Berezvai • The impact of retail regulation on consumer prices 133 Zoltán Pápai – Péter Nagy • Dancing with hands and feet tied.
    [Show full text]
  • Editorial: Missed and New Opportunities in World Trade
    2498-5473 / USD 20.00 HUNGARIAN JOURNAL OF LEGAL STUDIES 58, No 4, pp. 379–383 (2017) © 2017 Akadémiai Kiadó, Budapest DOI: 10.1556/2052.2017.58.4.1 Editorial: Missed and New Opportunities in World Trade CSONGOR ISTVÁN NAGY* International trade has recently seen turbulent times. It has been subject of heated political and social debates and has generated an animated scholarly discourse. It is not an exaggeration to say that international trade is entering into a new age, where tariffs are no longer the major constraints (though they may still be high in certain sectors) and states endeavor to gain additional benefits through boosting trade via diminution of non-tariff barriers. In this era, bilateralism and regionalism carries the day. In line with the Doha Trade Round’s balking, which made the furtherance of the global multilateral system stall, a new generation of free trade agreements has been emerging. These agreements are comprehensive, ambitious, cover the whole spectrum of trade items (goods, services, technology, capital etc.) and have the makings of creating a new governance for international economic relations. This story, as noted above, no longer centers around tariffs and quotas. Though customs duties have certainly not lost their relevance, they share the scene with various other issues, such as regulatory cooperation, protection of value standards (labor rights, environmental protection), investment protection, public procurement, to mention a few. All this necessarily imposes further limits on national regulatory autonomy and calls for the re-conceptualization of the fundamental notions of global governance, state sovereignty and regulatory autonomy. Nonetheless, new generation free trade agreements’ reception has not been devoid of social outcry and political upheaval.
    [Show full text]
  • Nagy Csongor István
    CURRICULUM VITAE Dr. Csongor István NAGY, LL.M., Ph.D., S.J.D. associate professor of law head of the Department of Private International Law University of Szeged EDUCATION 2010 S.J.D. (Central European University, Budapest/New York) (summa cum laude) 2009 Ph.D. in legal studies (Eötvös Loránd University of Sciences, Faculty of Law, Budapest) (summa cum laude) 2007 Hungarian Bar Exam (Hungarian Bar Exam Committee) 2005 Central European University Diploma in “Advanced European Union Legal Practice” (magna cum laude) 2004 Course on World Law (World Law Institute and Central European University) 2004 Master of Laws in International Business Law (LL.M.) (Central European University, Budapest/New York) (Lovells Award: second of the year). 2004 Exchange student, one semester (Cornell University, New York) 2003 Doctor iuris (Eötvös Loránd University of Sciences, Faculty of Law, Budapest) 1999-2003 Member of the István Bibó College of Law (Budapest) 2002-2003 Exchange student, one semester (Karls-Ruprecht Universität, Heidelberg) 2002 Exchange student, one semester (Erasmus Universiteit, Rotterdam) FELLOWSHIPS AND VISITING APPOINTMENTS 2014- Visiting professor, Riga Graduate School of Law (Riga, Latvia) 2013- Visiting associate professor, Sapientia University (Cluj-Napoca, Romania) 2013 Visiting Fellow at the British Institute of International and Comparative Law, London (Hungarian Scientific Research Fund Scholarship) 2012 Visiting fellow at University of Edinburgh, School of Law, Edinburgh (MacCormick Fellowship) 2011 Visiting faculty at Masarykova
    [Show full text]
  • The New Hungarian Arbitration Act: Views from Hungary and Abroad
    The Department of Legal Studies of CEU and JEANTET cordially invite you to the international arbitration conference The New Hungarian Arbitration Act: Views from Hungary and Abroad MAY 17, 2018 |1:00 P.M. – 6:30 P.M.| NÁDOR STREET 15, BUDAPEST |ROOM 103 OFFICIAL MEDIA PARTNER : 12:30 Registration 13:00 Opening remarks on behalf of the Organizing Committee 13:05 Welcome address by Professor Liviu Matei , Provost and Pro-Rector of Central European University 13:15 Introductory remarks by Professor Emeritus Tibor Várady , Central European University 13:30 Key-note speech by Dr. János Burai-Kovács , President of the Court of Arbitration of the Hungarian Chamber of Commerce and Industry 13:45 Panel 1: Arbitration Agreement Moderator: Professor Csongor István Nagy (University of Szeged) Rapporteur: Professor Veronika Korom (Bredin Prat, Paris; ESSEC Business School, Paris) Discussants: Dr. Miklós Boronkay (Szecskay, Budapest), Professor Emőd Veress (Sapientia University, Cluj-Napoca) 14:45 Panel 2: Arbitrators and Arbitral Institutions Moderator: Professor Markus Petsche (Central European University) Rapporteur: Dr. András László (LFP Legal, Budapest) Discussants: Ms. Laetitia de Montalivet (ICC International Court of Arbitration, Paris), The Honorable Avi Zamir (A. Gabrieli & Co., Tel Aviv) 15:45 Coffee break 16:15 Panel 3: Arbitral Procedure Moderator: Professor Davor Babić (University of Zagreb) Rapporteur: Dr. Milán Kohlrusz (Dentons, Budapest) Discussants: Ms. Nata Ghibradze (Hogan Lovells, Munich), Professor Andreas Reiner (ARP, Vienna), Professor István Varga (ELTE University, Budapest) 17:15 Panel 4: The Arbitration Award and Its Enforcement Moderator: Dr. Ioana Knoll-Tudor (Jeantet, Paris) Rapporteur: Dr. Zsolt Okányi (CMS, Budapest) Discussants: Dr. Wojciech Sadowski (K&L Gates, Warsaw), Mr.
    [Show full text]
  • Collective Actions in Europe a Comparative, Economic And
    SPRINGER BRIEFS IN LAW Csongor István Nagy Collective Actions in Europe A Comparative, Economic and Transsystemic Analysis SpringerBriefs in Law SpringerBriefs present concise summaries of cutting-edge research and practical applications across a wide spectrum of fields. Featuring compact volumes of 50 to 125 pages, the series covers a range of content from professional to academic. Typical topics might include: • A timely report of state-of-the art analytical techniques • A bridge between new research results, as published in journal articles, and a contextual literature review • A snapshot of a hot or emerging topic • A presentation of core concepts that students must understand in order to make independent contributions SpringerBriefs in Law showcase emerging theory, empirical research, and practical application in Law from a global author community. SpringerBriefs are charac- terized by fast, global electronic dissemination, standard publishing contracts, standardized manuscript preparation and formatting guidelines, and expedited production schedules More information about this series at http://www.springer.com/series/10164 Csongor István Nagy Collective Actions in Europe A Comparative, Economic and Transsystemic Analysis Csongor István Nagy University of Szeged, Department of Private International Law Hungarian Academy of Sciences Federal Markets “Momentum” Research Group Szeged, Hungary ISSN 2192-855X ISSN 2192-8568 (electronic) SpringerBriefs in Law ISBN 978-3-030-24221-3 ISBN 978-3-030-24222-0 (eBook) https://doi.org/10.1007/978-3-030-24222-0 © The Editor(s) (if applicable) and The Author(s) 2019. This book is an open access publication. Open Access This book is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, sharing, adap- tation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
    [Show full text]
  • The Necessity of Consumer Law for Effective Competition and a More Robust Enforcement of Competition Law a Comparative Analysis of the EU and Georgian Legal Systems
    The Necessity of Consumer Law for Effective Competition and a More Robust Enforcement of Competition Law A Comparative Analysis of the EU and Georgian Legal Systems by Zurab Gvelesiani Submitted to Central European University Department of Legal Studies In partial fulfillment of the requirements for the degree of SDJ in International Business Law Supervisors: Professor Caterina Sganga Professor Csongor István Nagy CEU eTD Collection Budapest, Hungary Oct. 2017 Abstract In 2012, in the midst of negotiations to sign the free trade agreement with the EU, the Georgian Parliament adopted a new competition law. The new statute was based on the EU competition law model, in accordance with the recommendations of the EU Commission. The law reform was rather unusual, not only because it reintroduced competition law seven years after abolishing the existing antimonopoly law and closing down the Antimonopoly Service, but also because it was immediately followed by the abolishment of the law on consumers rights protection, effectively eliminating consumer law and its enforcement system in Georgia. This dissertation uses the case of Georgia and conducts a comparative analysis of the EU and Georgian legal systems, to demonstrate the impossibility to foster market competition, maintain its high level and enforce competition law and antitrust policies fruitfully, in the absence of consumer law. According to a widely shared opinion, a high level of market competition is in the interests of consumers, as it delivers to them low prices, good quality and a wide selection of goods and services. Contrary to this belief, this work argues that while market competition has immense potential, the mere liberalisation of markets and introduction of competition do not guarantee any benefits for consumers, unless the process is accompanied by effective consumer protection policies.
    [Show full text]
  • Investment Arbitration and National Interest: Central and Eastern European Experiences in the Light of the Upcoming EU-US Free Trade Agreement
    Investment arbitration and national interest: Central and Eastern European experiences in the light of the upcoming EU-US Free Trade Agreement May 20, 2016 Venue: “Kisterem”, Hungarian Academy of Sciences Széchenyi István tér 9. 1051 Budapest, Hungary Convener: Csongor István Nagy, research chair and head of the Federal Markets “Momentum” Research Group of the Center for Social Sciences at the Hungarian Academy of Sciences Federal Markets “Momentum” Research Group Introduction Due to the approaching EU-US Free Trade Agreement (TTIP), investment arbitration came to be one of the central issues of the contemporary discourse on public and economic policy. The new generation of free trade agreements,1 addressing the submission of sovereign states in separate chapter, generated fierce debates and brought to the fore of social dispute decade-old problems concerning the democratic legitimacy of investment disputes and their encroachment on independent national economic and financial policy. Some argue that investment disputes are settled in the frame of intransparent ad-hoc arbitral proceedings devoid of any democratic legitimacy, which are (because of their ad-hoc and secret nature) inconsistent and unpredictable. Critics assert that the current pattern of the settlement of investment disputes quite often strips national courts (including national constitutional courts) of their legitimate powers and vests ad-hoc and intransparent bodies with the competence to adjudicate public law questions, such as the validity of national legislation adopted by parliaments having democratic legitimacy, the review of the rationality of national regulatory decisions, the supervision of the fairness of national legal procedures and the exercise of contractual rights emerging from genuine commercial agreements.
    [Show full text]
  • Prof. Dr. Iur. Frank Emmert, LL.M., Fciarb
    Prof. Dr. iur. Frank Emmert, LL.M., FCIArb Professor of International, Comparative and European Union Law Consultant & Arbitrator c u r r i c u l u m v i t a e (as of January 2021) Indiana University School of Law born on 31 December 1962 Lawrence W. Inlow Hall in Wiesbaden, Germany 530 West New York Street US citizen Indianapolis, IN 46202-3225, USA married to Salma Taman tel. (off.) (317) 278 9661 five children (* 1992, 1998, 2001, 2004 & 2011) fax (off.) (317) 278 3326 [email protected] Professional Experience since May 2018 Founder of the International Smart Mediation and Arbitration Institute, Indianapolis (www.smartarb.org) since July 2004 John S. Grimes Professor of Law at Robert H. McKinney School of Law - Indiana University, Indianapolis (USA) since June 2003 tenured Professor of Law and Director of the Center for International and Comparative Law, Robert H. McKinney School of Law since 2004 occasional arbitrator for disputes involving international business transactions since 1990 occasional advisor to corporations re international business transactions and disputes related to intellectual property, competition law and/or investment since Fall 2019 Adjunct Professor, Indiana University Maurer School of Law, Bloomington since 2017 Visiting Professor in the Master of Global Affairs Program of Universidad Rey Juan Carlos in Madrid (Spain) and Strasbourg (France) Fall 2015 and 2016 Visiting Professor, Université Saint-Ésprit de Kaslik, Beirut (Lebanon) May 2007 - Dec 2013 Director of and Professor in the USAID-funded Project of Indiana University at Alexandria and Cairo University (Egypt) 2007/08 and 2014 Visiting Professor, Universidad de Guadalajara (Mexico) 2006-08 & 2017-present Visiting Professor, American University Central Asia, Bishkek (Kyrgyzstan) Spring 2004 Vising Fellow at the Sheffield Centre for International and European Law, The University of Sheffield (United Kingdom) acad.
    [Show full text]
  • Tribuna Juridică Juridical Tribune
    The Bucharest University of Economic Studies Volume 10, Issue 3, December 2020 TRIBUNA JURIDICĂ JURIDICAL TRIBUNE Editura ASE Bucureşti 2020 Review edited by the Faculty of Law of the Bucharest University of Economic Studies and the Society of Juridical and Administrative Sciences (Adjuris). The journal is edited with the support of the Ministry of Education and Research. Juridical Tribune – Tribuna Juridica Journal has been published since 2011 in printed and online version. This journal is published regularly 3 times a year (in March, June and December) and has a special issue in October. www.tribunajuridica.eu e-mail: [email protected] Journal is indexed in the following databases and online catalogs: WEB OF SCIENCE Ebsco, HeinOnline, C.E.E.O.L., ProQuest, ERIH Plus, WorldCat, IBSS, Ulrichsweb, vLex, Juridica.lv, Cabell’s Directories, DOAJ, SCIRUS, RePEc, Scipio, BASE, COPAC, IndexCopernicus, Academic Journals Database, OAJI, Academic Publications eJournal, SafetyLit, Sudoc, Genamics JournalSeek, NewJour, Open J-Gate, Miar, Max Perutz Library, ViFaOst, Zeitschriftendatenbank (ZDB), Bibliothekssystem Universität Hamburg, Wissenschaftszentrum Berlin für Sozialforschung (WZB), Elektronische Zeitschriftenbibliothek (EZB), Euro Internet, LivRe!, European University Institute Library, Harvard Library, Stanford University Libraries, Yale University Library, University of California – Ivine Libraries, Miami University Libraries, MOBIUS – Linking Missouri’s Libraries, University of Maryland – Francis King Carey School of Law, St.Mary’s
    [Show full text]
  • Economic Constitutionalism: Mapping Its Contours in European And
    Economic Constitutionalism: Mapping its Contours in European and Global Governance Conference Programme th th Thursday 14 – Friday 15 June 2018 Florence, Italy European University Institute Villa Salviati (Sala del Consiglio) Via Bolognese 156 – 50139 Florence Conference Organisers: Gábor Halmai Achilles Skordas dcc Lisa Mardikian Daniel Bedford Thursday 14th June 2018 Welcome 09.45 Opening Remarks 10.15 Professor Gábor Halmai, European University Institute Dr Lisa Mardikian, University of Portsmouth Keynote Speech 10.30 - 12.00 Professor Neil Walker, University of Edinburgh The Economic and Other Constitutions of the EU Lunch 12.00 - 13.00 Panel I: The Origins, Functions and Norms of Economic Constitutionalism 13.00 - 14.30 Chair: Professor Gábor Halmai, European University Institute Professor Christian Joerges, Hertie School of Governance/University of Bremen The Ordoliberal Origins of Economic Constitutionalism and its Democratic Opponents: the Topicality of a Classical Controversy Professor Andrew Arato, New School for Social Research Economic Constitutionalism and the Post Sovereign Constituent Power Professor Jirí̌ Přibáň, University of Cardiff In Search of the Basic Norm of European Constitutionalism: On Social and Economic Value of Heterogeneity Professor Poul F. Kjaer, Copenhagen Business School/Paris Institute for Advanced Study Who Constitutes Whom? The Transnational Constitution of National Political Economies and the Future of Economic Constitutionalism Refreshments 14.30 - 14.45 2 Panel II: Economic Constitutionalism and
    [Show full text]
  • Downloaded from Elgar Online at 09/25/2021 01:21:31PM Via Free Access
    JOBNAME: Law Prac - Nagy PAGE: 1 SESS: 5 OUTPUT: Wed Oct 30 10:08:12 2019 CONTRIBUTORS Ivan Bimbilovski holds a doctoral degree in Comparative Constitutional Law from Cen- tral European University, Budapest, Hungary. He has been a visiting scholar of Humboldt University, Berlin, Germany; University of Toronto, Toronto, Canada; University of Michigan, Ann Arbor, USA; Judicial Arbitration and Mediation Services Institute, San Francisco, USA, Oakland University, Rochester, USA and Lanzhou Jiaotong University, Lanzhou, China. His current academic affiliations include University of St. Paul the Apostle, Ohrid, Macedonia and Walailak University, Nakhon Si Thammarat, Thailand. He is a certified mediator, registered with the Chamber of Mediators. He was also a lecturer at the National Academy of Judges and Public Prosecutors and a Vice-Dean of the Faculty of Law, European University, Skopje, Macedonia. Katarína Brocková is an associate professor lecturing in International Economic Law at the School of International Relations of the University of Economics in Bratislava, Slovakia. Ms Brocková has a background in civil, commercial and international law. She holds Master of Laws (LLM) degrees gained from the Comenius University School of Law in Slovakia (Law), University of Vienna School of Law in Austria (International Legal Studies), and a PhD in International Relations from the School of International Relations of the University of Economics in Bratislava, Slovakia. Her professional background includes several years of experience working as a legal counsel for international legal firms in Slovakia advising foreign investors on various aspects of the Slovak civil and commercial law. In her academic career, she specializes in international economic law, publishes on arbitration, international trade and international investment topics.
    [Show full text]
  • The Hungarian Competition Office's
    YEARBOOK Peer-reviewed scientific periodical, of ANTITRUST focusing on legal and economic and REGULATORY issues of antitrust and regulation. TUDIES Centre for Antitrust and Regulatory Studies, S Creative Commons Attribution-No University of Warsaw, Faculty of Management www.yars.wz.uw.edu.pl Derivative Works 3.0 Poland License. www.cars.wz.uw.edu.pl A Chicago-School Island in the Ordo-liberal Sea? The Hungarian Competition Office’s Relaxed Treatment of Abuse of Dominance Cases by Csongor István Nagy* CONTENTS I. Introduction II. Predatory pricing III. Refusal to deal IV. Price squeeze V. Evaluation Abstract The paper presents and evaluates the impact of the ‘more economic’ approach of the Hungarian Competition Office’s decisional practice as to predatory pricing, margin squeeze and refusal to deal under Hungarian competition law. It compares the Hungarian practice with the more formalistic approach of the CJEU’s jurisprudence. The paper evaluates the Hungarian decisional practice in abuse cases and provides a brief assessment on the consequences of applying diverging standards in EU and national abuse of dominance law. Résumé Cet article présente et apprécie l’impact de l’approche plus économique («more economic approach») de l’Autorité hongroise de la concurrence en matière de prix d’éviction, compression des marges et refus de vente en droit hongrois. Il compare * Csongor István Nagy, associate professor and head of the Private International Law Department at the University of Szeged (Hungary); [email protected]. The research was supported by the János Bolyai Research Scholarship of the Hungarian Academy of Sciences and the author gratefully acknowledges the support of the Academy.
    [Show full text]