The promise of 5G Fifth-generation wireless systems – commonly known as 5G – are a big leap forward for mobile communications.  The innovations connected to 5G could be worth around $13.2 trillion over the next 15 years for the industry and public sector.  By 2025, deploying the new technology could generate €213 billion in revenue in Europe, mainly in the health, energy, transport and automotive sectors, according to the European Commission’s plans. The International Telecommunication Union says 5G will mostly impact three areas: mobile broadband, where it enables emerging services ..read more

In its judgment of 16 February 2021 in Hanan v Germany, [1] the Grand Chamber of the European Court of Human Rights (‘the ECtHR’) confirmed that the European Convention on Human Rights (‘the ECHR’) applies extraterritorially to the conduct of armed forces deployed abroad by Contracting States. The case thus presents important findings on the question of jurisdiction of the ECHR. [2] The facts of the case On 3 September 2009, Afghan insurgents hijacked two fuel tankers. Later that day, the fuel tankers became immobilized on a sand bank in the Kunduz River. [3] After a tip-off abo ..read more

In two previous blog posts (one here on this blog and an earlier one on EU Law Analysis) I pre-emptively commented on the possible legal construction of professional qualification recognition post-Brexit. Now that the EU-UK Trade and Cooperation Agreement has been published, it is appropriate to describe and critically reflect upon the actual legal construction of professional qualification recognition between the EU and UK post-Brexit. The Text of the Agreement Article SERVIN.5.13 opens with a strong defence of the domestic qualification recognition regimes of the UK and the EU’s member state ..read more

Introduction In an earlier post on this blog (here), I commenced my analysis of the recognition of professional qualifications of migrants at work in the EU by describing and reflecting upon those provisions of EU migration and asylum law governing such recognition. In this blog post, I complete my analysis of qualification recognition by describing and reflecting upon the policy measures which have been adopted by the EU pursuant to EU migration and asylum law. Specifically, art 79(4) TFEU provides that the Parliament and Council may adopt measures, excluding the harmonisation of laws, which ..read more

Introduction In two blog posts (here, here) I have commented on the recognition of professional qualifications between the EU and UK post-Brexit. Yet to be described and reflected upon, however, is the more general scheme of legal regulation of the recognition of professional qualifications which applies to third-country nationals coming to the EU, be they regular, forced or irregular migrants. This blog post, accordingly, seeks to set out the general law governing the recognition of professional qualifications of third-country nationals coming to the EU as found in EU migration and asylum law ..read more

Are exploitative contracts part of innovation? 2020 has not only been a year of pandemic. The year has also provided additions to the growing tome of ‘gig economy’ litigation; case law that has largely (though not exclusively) centred around Uber. Employment status has been the focal point of this discussion. Attention should be drawn to a larger issue: how app-based work opportunities expose the vagueness of the neighbouring boundary between labour and commercial law. With this ambiguity, forms of contract law redress for ‘exploitative contracts’ come into consideration. Is this situatio ..read more

Introduction The European Union (EU) and China signed a bilateral agreement for the reciprocal protection of Geographical Indications (GIs) against usurpation and imitation.[1]On 23 November 2020, the Council adopted a decision on the conclusion of the agreement between the EU and the government of the People’s Republic of China on GIs, namely the Agreement between the … Continue reading The agreement strengths the EU-China trading relationship and reinforce the EU (sui generis) approach on GIs in the global market.  It took around eight years of negotiations, but in the end, it can ..read more

1. Introduction On 20 October 2020, the Swedish Post and Telecom Authority (“PTS”) decided to approve Hi3G Access AB, Net4Mobility HB, Telia Sverige AB and Teracom AB as participants in auction proceedings regarding the granting of licenses to use radio transmitters in the frequency bands 3,5 GHz and 2,3 GHz.  In laying down the requirements that will govern the final decision to grant the licenses to one of the auctioneers, the PTS stipulated that the successful network providers would have to observe two conditions: first, any new installation and implementation of central functions fo ..read more

We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the European Review of Private Law, Volume 28, Issue 3, 2020, edited by André Janssen and Matthias E. Storme.   Kahraman Altun, Ll.M. (Edinburgh), Anti-Suit Injunctions in European Transnational Litigation: Past, Present and Post-Brexit Future of an Unusual Remedy Anti-suit injunctions are the frontline in the clash of civil and common law. Of course, the imbalance of powers between the systems’ courts is critical. However, both approaches have their adv ..read more

The European Commission has finally disclosed its intention to challenge the Apple judgement delivered by the General Court on the 15th of July.[1]General Court, 15 July 2020, Apple Sales International and Apple Operations Europe v Commission, Cases T-778/16 and T-892/16, ECLI:EU:T:2020:338. Although it has been a difficult choice, considering the highly political implications of the matter, the Commission’s resolve is strategically sound as it offers the Court of Justice the possibility to correct the arguably formalistic approach of the General Court regarding the burden of proof in Sta ..read more