Yearbook 2007

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Competition within the health care system is increasingly becoming an instrument used to achieve welfare state allocation effects. At the same time, the targeted autonomy assigned to the actors involved is subject to regulation to ensure solidarity. The newly emerging markets, with their own special features, are both the expression and the subject of complex steering mechanisms which may be investigated by way of comparative law and thus deliver a host of new insights into the cost-intensive hospital sector. more

Pictures in the Law

Max Planck Institute for European Legal History Dölemeyer, Barbara; Härter, Karl; Stolleis, Michael; Vec, Milo¿; Vismann, Cornelia
Illustrations or pictures have many functions for the law. They may serve as sources for legal history. They act as mnemonics in legal education and instruction. In legal practice they are used to identify delinquents, or to create publicity. The project’s research on the use of images in a legal context shows that law was at no time based entirely on texts. more
In the Napster–Bertelsmann case, the German defendant Bertelsmann AG tried to block service of a US class action suit for the sum of 17 billion US Dollar. The defendant filed a constitutional complaint. The German Constitutional Court (Second Senate) asked the Max Planck Institute for Comparative and International Private Law for an expert opinion on the legal issues raised by the service of a US class action in Germany. The Institute recommended a return to the rather liberal approach to international judicial assistance adopted by the First Senate. The recent jurisprudence of the Second Senate follows this line of reasoning. more
In cooperation with the Chair for Public Law and State Philosophy at Munich University and the Chair for Constitutional Law at Autonomous University Madrid, the Max Planck Institute for International Law examines the historical and conceptual foundations of the constitutional and administrative law in the European legal area. The commonalities and the differences in the national legal orders are elaborated as well as first attempts for a common European public law. more
Due to the international nature of data networks, internet crime is a global phenomenon. The authority of national law enforcement agencies ends, however, at national and jurisdictional borders. As a result, as far as the presence of illegal content in cyberspace is concerned, national blockades of the Internet are attracting increasing interest as a possibly viable strategy to solve this problem. If direct action against illegal content on foreign servers is impossible, the attempt can at least be made to block citizens’ access to such content – if only from within a state’s own territory. This approach is technically problematic and, from a legal point of view, highly controversial. more
While private corporations have no standing under classic international public law, international investment treaties allow foreign corporations to sue the guest state before an international arbitration tribunal. Due to the fact that the provisions of international investment treaties also cover intellectual property, these treaties provide causes of action which are not available to private corporations under the WTO regime. more
Provisions of intellectual property remain incomplete where their enforcement and legal consequences in national courts are not fully transparent and effective. Enforcement deficits do not only entail economic consequences for undertakings, they may moreover open an unacceptable leeway for modifications of the scope of the rights protected by the parties. The Division for Intellectual Property and Competition Law at the Max Planck Institute for Intellectual Property, Competition and Tax Law emphasises research activity in the enforcement area, aiming at a comprehensive understanding of related problems and an elaboration of precise remedies for deficits related to substantive and procedural enforcement provisions. more
Many so-called developing countries are currently in the process of developing domestic competition laws and policies. Taking US or European law as a model often seems a promising approach. Whether, however, developing countries are in need of a “different” competition law is hardly ever considered although different economic, cultural, political and social conditions may argue for crucial modifications. more
A research project at the Max Planck Institute for Intellectual Property, Competition and Tax Law analyses the laws and regulations for the financing of stock corporations in selected Arab countries, which, among other things, aim to balance the conflict between the capital seeker’s freedom of raising capital and the protection of the investor. For this purpose it undertakes to evaluate the efficiency of the systems of legal capital, the rules pertaining to the increase of capital and the raising of funds through corporate bonds. more
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