NJCL 2/2012 includes five pieces of interest to legal experts in international commercial law. The continuing publication strategy of the NJCL is to offer researched and timely scientific articles on cross-border legal issues of significance to the international trade community. NJCL 2/2012 proudly presents cutting edge scholarship on the CISG Convention, intellectual property law-making and international investment law. They each introduce solutions to improve legitimacy, efficiency and transparency of international law-making.
Prof. Peter Mazzacano has reviewed Article 79 CISG jurisprudence in Germany in search of a CISG rationale that supersedes the nation state and its laws. He argues that it is possible, and advisable, to look to CISG jurisprudence as an autonomous international doctrine on excuses for non-performance instead of recourse to domestic law in each jurisdiction.
Prof. Yoshiyuki Tamura introduces a market-driven approach to intellectual property regulation and enforcement. He argues that conventional economic scholarship oversimplifies the efficiency argument and does not account for systemic bias. His approach does not assume efficiency from the grant of property rights, quite the opposite; overall efficiency in law-making processes is achieved by a market-driven approach to intellectual property regulation.
Prof. Doris Long argues that international intellectual property law-making needs to take into account deviant globalization, i.e. informal markets that have developed surrounding legitimate intellectual property markets. These powerful engines of wealth creation are essential for economic development of nations as well as communities and would allow existing regulatory structures to be attuned to the socio-economic realities surrounding international intellectual property regulation.
Dr. Ahmad Ali Ghouri presents an outline of his doctoral thesis Treaty Conflicts in Investment Arbitration, which argues for a broader interpretation of international investment treaties that take into account also other than treaty-specific legal obligations of nation states. He seeks to remedy the foreign investor-centered interpretative approach to damages calculation by empowering arbitrators to consider all existing international treaty obligations of nation states.
Dr. Stephan Schill served as Opponent for the public defense of Ali Ghouri’s thesis. We publish his final report that discusses the entire work.
Wishing all NJCL-readers an enjoyable read and a joyful holiday season.
Katja Lindroos (Weckström)
Editor-in-Chief
Nordic Journal of Commercial Law
The Treatment of CISG Article 79 in German Courts: Halting the Homeward Trend (Peter Mazzacano)
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Conceptual Fallacies behind the Idea of Unprotected Intellectual Works (Yoshiyuki Tamura)
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Deviant Globalization: The Next Step in the Multilateral Protection of Intellectual Property (Doris Estelle Long)
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Treaty Conflicts in Investment Arbitration (Ahmad Ali Ghouri)
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