Author: City Law Forum (page 1 of 6)

Lindt’s chocolate bunny trademark win shows shape matters to consumers

Enrico Bonadio, City, University of London and Alina Trapova, University of Nottingham

In a move sure to upset chocoholics everywhere, discount supermarket Lidl was recently told to destroy its stocks of chocolate bunnies. The cull was ordered by a Swiss court that decided Lidl’s bunny was too close to confectioner Lindt’s iconic chocolate rabbit.

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The EU as a Global Digital Actor: Institutionalising Global Data Protection, Trade, and Cybersecurity

Elaine Fahey 

In my recently published book, The EU as a Global Digital Actor: Institutionalising Global Data Protection, Trade, and Cybersecurity I have sought to try to capture a range of issues emerging as to the EU’s digital and international relations agenda.

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Legal London: Exploring London’s Role as Global Legal City

Jed Odermatt and David Seymour

On 23 September 2022 the City Law School held its Research & Enterprise Day on the theme of Legal London. The event was an opportunity to highlight the research, teaching and scholarship at City Law School and to develop links across the University, professions and the wider community.

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When Environmental Issues Appear in International Investment Arbitration: Saar Papier Vertriebs GmbH v. Republic of Poland (I)

Sekander Zulker Nayeen

The concept of international investment law evolved mainly for the purpose of giving protection to foreign investment. That is why only investors can bring a claim of breach of protection standards before the investment arbitral tribunal and the tribunal only follows the concerned International Investment Agreements (IIAs) to determine such breach. However, with the advent of the concept of sustainable development, nowadays, environmental protection of a host State has become a major concern in competition with the investment protection before the investor-state arbitral tribunal. States are now frequently claiming the prevalence of their regulatory power for environmental protection over investment protection. In some cases, for example Glamis v US, the tribunal’s decision was influenced by the State’s regulatory power for environmental protection. In some recent cases, for example Burlington v Ecuador and Perenco  v Ecuador, environmental issues arose with some separate standing. In these cases, the tribunals entertained host States’ counterclaims and awarded compensation against the investors. In such backdrop, I would like to have a detour in an arbitral decision wherein environmental issues were raised by the State for the first time. I want to look back how the tribunal had decided that case.

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Green Power and SCE Solar v Spain: From the Primacy of EU Law to Lex Superior

Jed Odermatt

In the arbitration proceedings in Green Power Partners K/S & SCE Solar Don Benito APS v Spain (SCC 2016/135) the tribunal decided that it has no jurisdiction to hear and decide the claims before it. This finding is important because it is the first time that an arbitral tribunal has accepted the so-called ‘intra-EU’ objection to admissibility of claims between EU Member States.

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The UK Intellectual Property Office’s Consultation on Computer-Generated Works

Patrick Goold

The UK Copyright, Designs and Patents Act 1988 contains an odd section concerning ‘computer-generated works’. Section 9(2) of the Act states that when a work has no ‘human author’ and is generated by a computer, the work ought to be protected by copyright for 50 years, with the copyright owned by the person who made the necessary ‘arrangements’ for the work’s generation.

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AI and IP: Building a Research Agenda

Patrick Goold

Artificial intelligence poses new questions for intellectual property (IP) law. Can machines be inventors for purposes of patent law? Do creative works produced by AI deserve copyright protection? Is new legislation required to govern AI creativity? Courts, IP offices, and legislators in multiple jurisdictions are considering these questions.

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‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People’s Tribunals

Dr Aldo Zammit Borda

This article considers that, in the current state of international justice, informal People’s Tribunals (PTs) constitute indispensable, quasi-judicial institutions that bridge gaps in access to justice, challenge official narratives (or silences) about atrocities and, potentially, open up new avenues towards justice and recognition.

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Dilemmas of UN Peacekeeping: Alex Gilder’s new book ‘Stabilization and Human Security in UN Peace Operations’

Andrea Maria Pelliconi, Alex GilderKseniya Oksamytna

United Nations (UN) peace operations are typically a troubled sea to navigate. Peace operations operate in increasingly hostile environments and have to manoeuvre through dangerous waters: continuing insurgencies, ineffective state presence, widespread violence and insecurity, and even terrorist attacks. Stabilisation efforts may carry human rights and humanitarian risks, especially when they come with heavy militarisation, or with mandates that leave the mission without a clear political direction. These dangers bring about potential shortcomings in effectiveness, and even legitimacy challenges. Yet peace operations remain a crucial tool to attempt to advance peace and stability.

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The EU and its Member States’ Joint Participation in International Agreements

Three academics from The City Law School – Elaine Fahey, Panos Koutrakos and Jed Odermatt – have contributed to a new edited volume The EU and its Member States’ Joint Participation in International Agreements (Hart 2022). The volume is based on contributions presented at a workshop held at the University of Geneva in November 2020.

EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. Thie book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. Each chapter was jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

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