157.
Kei Matsumoto, Christoph Rademacher, Ayako Suga,
Protecting IP Licenses and Jointly Owned IP in the Age of COVID-19: Insolvency and Force Majeure Events under Japanese Law, 2021.07.07,
https://doi.org/10.1093/grurint/ikab008 .
This article provides an overview and discussion of a multitude of issues that are relevant for IP licensing under Japanese law.
156.
Victoria Adelmant, Philip Alston, Matthew Blainey,
Human Rights and Climate Change Litigation: One Step Forward, Two Steps Backwards in the Irish Supreme Court, 2021.07.07,
https://doi.org/10.1093/jhuman/huab009 .
This article considers that climate change litigation is a rapidly growing field in many countries and human rights obligations are increasingly an integral part of the equation. The Irish Supreme Court’ s 2020 judgment invalidating Ireland’ s National Mitigation Plan for transitioning to a low carbon, climate resilient and environmentally sustainable economy by 2050 warrants far more critical scrutiny. The Court’ s findings on standing to sue, the relevance of human rights provisions in this context, and the existence of a derived right to a healthy environment, are all retrogressive and augurbadly for the future of rights-based climate change litigation in Ireland.
155.
Prabhash Ranjan,
Compulsory licences and ISDS in Covid-19 times: relevance of the new Indian investment treaty practice, 2021.07.13,
https://doi.org/10.1093/jiplp/jpab084 .
This article points out that foreign investors are increasingly making use of investor-State dispute settlement (ISDS) to enforce their intellectual property rights. In this context, and taking into account the significance of compulsory licences (CLs) as a regulatory tool to fight the Covid-19 pandemic, this article studies India's new investment treaty practice on the issuance of CLs and finds that India’ s new investment treaty practice elucidates how India can issue CLs without worrying about investor-state dispute settlement claims.
154.
the United Nations Office on Drugs and Crime,
The COVID-19 pandemic: Exacerbating the threat of corruption to human rights and sustainable development in Pacific island countries, 2021.11.2,
https://www.pacific.undp.org/content/pacific/en/home/library/eg/the-covid-19-pandemic.html .
This paper identifies how the COVID-19 pandemic has exacerbated the threat that corruption poses to human rights, democracy and the rule of law in Pacific Island countries (PICs).
153.
Katherine Fung ,
Birx Estimates Trump Admin Could Have Prevented 30 to 40 Percent of COVID Deaths. 2021.10.27,
https://www.msn.com/en-us/news/politics/birx-estimates-trump-admin-could-have-prevented-30-to-40-percent-of-covid-deaths/ar-AAPYGVj .
The Trump administration's former coronavirus advisor, Dr. Deborah Birx, estimated that 30 to 40 percent of the 738,000 COVID-19 deaths in the U.S. could have been prevented had the White House taken necessary steps to curb the spread of the virus.
151.
Nicholas J. Diamond,
Pandemics, Emergency Measures, and ISDS. 2021.4.13,
http://arbitrationblog.kluwerarbitration.com/2020/04/13/pandemics-emergency-measures-and-isds/ .
In extraordinary times, States take extraordinary measures. In the current moment, States have adopted (and very likely will adopt additional) emergency measures to address the severe and interwoven public health and economic threats posed by the pandemic. History tells us that such measures often have downstream effects on investor-State dispute settlement (“ISDS”). Expanding on themes considered byothers recently, this post briefly explores these issues.
150.
Sang Jin Lee,Michael van Muelken,
Virtual Hearing Guidelines: A Comparative Analysis and Direction for the Future. 2021.06.23,
http://arbitrationblog.kluwerarbitration.com/2021/06/23/virtual-hearing-guidelines-a-comparative-analysis-and-direction-for-the-future/ .
Before the first reported case of COVID-19, major international arbitration institutions already began accepting the necessity of virtual hearings in certain situations. Guidelines for virtual hearings were officially announced with the escalation of the COVID-19 pandemic. This article explores three widely cited “guidelines” and discuss ongoing developments focusing on addressing potential shortcomings of virtual hearings.
149.
David Khachvani,
Can Pharmaceutical Companies Counter the Waiver of their Patents for COVID-19 Vaccines through Investment Treaty Arbitration? 2021.05.26,
http://arbitrationblog.kluwerarbitration.com/2021/05/26/can-pharmaceutical-companies-counter-the-waiver-of-their-patents-for-covid-19-vaccines-through-investment-treaty-arbitration/ .
This post analyzes whether the pharmaceutical companies that have developed COVID-19 vaccines may have an actionable claim under international investment agreements against States waiving intellectual property rights over such vaccines. More specifically, it examines whether the vaccine developers may face jurisdictional and other threshold obstacles in pursuing their investment claims, and whether they may be entitled to compensation under the substantive standards of protection. The aim is to identify and offer a general overview of the principal legal issues, it being understood that the analysis may differ depending on the language of the applicable IIA, the circumstances of a specific case, and the final shape that the patent waiver initiative may take in different jurisdictions.
148.
Lucy Martinez,James Nicholson,Noah RubinsandHafez Virjee,
A Black Swan Event? Implications of COVID-19 for Damages and Valuations in International Arbitration, 2021.03.15,
http://arbitrationblog.kluwerarbitration.com/2021/03/15/a-black-swan-event-implications-of-covid-19-for-damages-and-valuations-in-international-arbitration/ .
The onset of COVID-19 has brought significant volatility to financial markets and increased uncertainty for investors and businesses of all classes. In the arena of international arbitration, where stakes can be in the multibillions, the ability to assess damages despite this uncertainty is of paramount importance.This post addressed some insights in navigating damages and valuations amidst COVID-19, specificallyCOVID-19 as a Black Swan or force majeure event; shifts in dispute strategy in response to COVID-19; challenges in valuation resulting from COVID-19and lessons and parallels to be drawn from the Great Financial Crisis in 2008.
Chinese Society of International Law, in association with Chinese Institute of International Law at China Foreign Affairs University, and National Center for Foreign-related Rule of Law Research at China Foreign Affairs University
Contact: secretary@bigghgg.cn