Erasmus Law Review

An initiative of Erasmus School of Law

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• Current Issue
  • Experiencing Unfair Commercial Practices: An Introduction
  • The Unfair Commercial Practices Directive in the UK
  • Does EU Economic Law Preclude National Prohibitions of Sales Below Cost?
  • The Interplay Between the Unfair Commercial Practices Directive and Codes of Conduct
  • Abusing Loopholes in the Legal System - Efficiency Considerations of Differentiated Law Enforcement Approaches in Misleading Advertising
• Past Issues
  • Volume 01 Issue 01
    • INTRODUCTION
    • THE EUROPEAN PUBLIC ORDER, CONSTITUTIONAL PRINCIPLES AND FUNDAMENTAL RIGHTS
    • PUBLIC ORDER IN EUROPEAN LAW
    • THE HARMONISATION OF CONTRACT LAW IN EUROPE BY MEANS OF THE HORIZONTAL EFFECT OF FUNDAMENTAL RIGHTS?
    • HARMONISING EFFECTS OF FUNDAMENTAL RIGHTS IN EUROPEAN CONTRACT LAW
  • Volume 01 Issue 02
    • INTRODUCTION: COLLECTIVE INTERESTS , ‘PRÊT À PORTER’ JUSTICE?
    • THE PREVENTIVE FUNCTION OF COLLECTIVE ACTIONS FOR DAMAGES IN CONSUMER LAW
    • RECOGNITION AND RES JUDICATA OF US CLASS ACTION JUDGMENTS IN EUROPEAN LEGAL SYSTEMS
    • DUE PROCESS IN INTERNATIONAL MASS CLAIMS
  • Volume 01 Issue 03
    • INTRODUCTION: MULTI- AND INTERDISCIPLINARITY: MERE THEORY OR JUST PRACTICE?
    • ESTABLISHING RELATIONS BETWEEN LAW AND OTHER FORMS OF THOUGHT AND LANGUAGE
    • FACING THE INTERFACE: FORENSIC PSYCHIATRY AND THE LAW
    • A SUITABLE BOY: THE ABOLITION OF FEUDALISM IN INDIA
    • ECLECTICISM IN LAW AND ECONOMICS
  • Volume 01 Issue 04
    • INTRODUCTION: THE IMPACT OF GUIDO CALABRESI ON LAW AND ECONOMICS SCHOLARSHIP
    • GUIDO CALABRESI ON TORTS: ITALIAN COURTS AND THE CHEAPEST COST AVOIDER
    • THE DICHOTOMY BETWEEN PROPERTY RULES AND LIABILITY RULES: EXPERIENCES FROM GERMAN LAW
    • PROPERTY RULES, LIABILITY RULES AND PATENT MARKET FAILURE
    • CALABRESI AND BEHAVIOURAL TORT LAW AND ECONOMICS
    • Video: Prof. Guido Calabresi: Dies Natalis 8 november 2008
  • Volume 01 Issue 05
    • INTRODUCTION: STAYING OUT OF COURT
    • STAYING OUT OF COURT? RESERVATIONS ABOUT A SUPPOSED PRACTICE AND A POPULAR POLICY
    • ADMINISTRATIVE MEASURES IN CRIME CONTROL
    • REPUTATIONAL SANCTIONS IN PRIVATE AND PUBLIC REGULATION
    • EUROPEAN STRATEGIC INTELLIGENCE: HOW FAR INTEGRATION?
  • Volume 02 Issue 01
    • INTRODUCTION: OBSERVING THE RULE OF LAW IN THE EUROPEAN UNION-SELECTED ISSUES
    • THE EU RULE OF LAW: CUTTING PATHS THROUGH CONFUSION
    • MERGER CONTROL AND THE RULE OF LAW
    • CONCERN ABOUT THE QUALITY OF EU LEGISLATION: WHAT KIND OF PROBLEM, BY WHAT KIND OF STANDARDS
  • Volume 02 Issue 02
    • INTRODUCTION: THE MANY FACETS OF PRECAUTIONARY LOGIC
    • PREVENTION, PRECAUTION, LOGIC AND LAW
    • A PRECAUTIONARY- PRINCIPLED APPROACH TOWARDS UNCERTAIN RISKS: REVIEW AND DECISION-THEORETIC ELABORATION
    • THE MEANING OF THE PRECAUTIONARY PRINCIPLE FOR THE ASSESSMENT OF CRIMINAL MEASURES IN THE FIGHT AGAINST TERRORISM
    • PRECAUTIONARY CULTURE AND THE RISE OF POSSIBILISTIC RISK ASSESSMENT
    • NEITHER ACCEPTABLE NOR CERTAIN - COLD WAR ANTICS FOR 21ST CENTURY PRECAUTIONARY CULTURE
    • PRECAUTIONARY LOGIC AND A POLICY OF MODERATION
  • Volume 02 Issue 03
    • INTRODUCTION: THE POSSIBILITIES OF COMPARATIVE LAW METHODS FOR RESEARCH ON THE RULE OF LAW IN A GLOBAL CONTEXT
    • VERTICAL COMPARATIVE LAW METHODS: TOOLS FOR CONCEPTUALISING THE INTERNATIONAL RULE OF LAW
    • INSTITUTIONAL TRANSPLANTATION AND THE RULE OF LAW: HOW THIS INTERDISCIPLINARY METHOD CAN ENHANCE THE LEGITIMACY OF INTERNATIONAL ORGANISATIONS
    • RESEARCHING CIVIL REMEDIES FOR INTERNATIONAL CORRUPTION: THE CHOICE OF THE FUNCTIONAL COMPARATIVE METHOD
    • COMPARATIVE LAW METHOD IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LIGHT OF THE RULE OF LAW
  • Volume 02 Issue 04
    • INTRODUCTION: THE JUSTICIABILITY OF ESC RIGHTS AND THE INTERDEPENDENCE OF ALL FUNDAMENTAL RIGHTS
    • STANDARDS TO MAKE ESC RIGHTS JUSTICIABLE: A SUMMARY EXPLORATION
    • PROTECTING SOCIO-ECONOMIC RIGHTS THROUGH THE EUROPEAN CONVENTION ON HUMAN RIGHTS: TRENDS AND DEVELOPMENTS IN THE EUROPEAN COURT OF HUMAN RIGHTS
    • JUSTICIABILITY OF THE RIGHT TO EDUCATION
    • JUSTICIABILITY OF THE RIGHT TO HEALTH – ACCESS TO MEDICINES THE SOUTH AFRICAN AND INDIAN EXPERIENCE
    • LEGAL ENFORCEMENT OF SOCIAL RIGHTS: ENABLING CONDITIONS AND IMPACT ASSESSMENT
  • Volume 03 Issue 01
    • Introducing, Defining and Balancing 'Autonomy vs. Paternalism'
    • Consumer Bankruptcy: A Third Way Between Autonomy and Paternalism in Private Law
    • Regulating Consumer Demand in Insurance Markets
    • Mandatory Contract Law: Functions and Principles in Light of the Proposal for a Directive on Consumer Rights
    • The Role of Information Deficiencies in Contract Enforcement
  • Volume 03 Issue 02
    • Introducing, Defining and Balancing 'Autonomy vs. Paternalism'
    • Informing Consumers About Themselves
    • Autonomy and Paternalism from a Common Law Perspective: Setting Aside Disadvantageous Transactions
    • Contracts and Capabilities: An Evolutionary Perspective on the Autonomy-Paternalism Debate
    • Forms of Imposed Protection in Legal History, especially in Roman Law
  • Volume 03 Issue 03
    • Introduction
    • The Racial Equality Directive And Effective Protection Against Discrimination: Mismatches Between The Substantive Law And Its Application
    • Limited Enforcement Possibilities Under European Anti-Discrimination Legislation – A Case Study Of Procedural Novelties: Actio Popularis Action In Hungary
  • Volume 03 Issue 04
    • Introduction: Contemporary Food Regulatory Regimes and the Challenges Ahead
    • The European Food Import Safety Regime under a ‘Stress Test’: The Melamine Contamination of the Global Food Supply Chain
    • The Global Arena of Food Law: Emerging Contours of a Meta-Framework
    • Regulating Halal and Kosher Foods: Different Arrangements between State, Industry and Religious Actors
    • Governing a Global Food Supply: How the 2010 FDA Food Safety Modernization Act Promises to Strengthen Import Safety in the US
  • Volume 04 Issue 01
    • Introduction: The Foundations of a European Legal Method
    • The Vicissitudes of The Hermeneutic Paradigm in The Study of Law: Tradition, Forms of Life and Metaphor
    • The Common History of European Legal Scholarship
  • Volume 04 Issue 02
    • Introduction: Public Values and Public Participation in Decision-Making in Times of Privatisation
    • Public Participation in Times of Privatisation: A Human Rights Analysis
    • Public Participation in Environmental Matters: An Assessment of the Aarhus Convention
    • Public Participation and the Private Sector: The Role of Multilateral Development Banks in the Evolution of International Legal Standards
  • Volume 04 Issue 03
    • Introduction: Understanding Legal Evolution
    • Rule Proliferation and Institutional Quality in the Enterprise Bankruptcy Law of the People's Republic of China, 1986-2009
    • The Ecology of EU Competition Law: A Quantitative Analysis of Rule Dynamics and Rule Dynamics and Rule Stock
  • Volume 04 Issue 04
    • Evolution of Law: Interplay Between Private and Public Rule-Making - A New Institutional Economics-Analysis
    • How Does Good Governance Come About? On Evolution of Institutions
    • Understanding Legal Evolution Through Constitutional Theory: The Concept of Constitutional (In-)Flexibility
  • Volume 05 Issue 01
    • Religion in the 21st Century Debating the Post-Secular Turn
    • Post-Secularism or Liberal-Democratic Constitutionalism?
    • Pluralist Democracy or Scientistic Monocracy? Debating Ritual Slaughter
    • Regulating the Relationship between State and Religion: An Economic Approach
    • Duties of Reasonable Accommodation in Relation to Religion and the European Court of Human Rights: A Closer Look at the Prohibition of Discrimination, the Freedom of Religion and Related Duties of State Neutrality
    • Locke and Bayle on Religious Toleration
  • Volume 05 Issue 02
    • Introduction: Insurance Law and Evolving Sanctions. About a New Balance in the Mutual Obligations of Both Parties to a Contract of Insurance and a New System of Sanctions
    • Some Reflections on Consumer Protection and the Requirement of Anticipating Behaviour of A Prudent Insurer
    • Proportionality in the New German Insurance Contract Act 2008
    • Late Payment of Insurance Money
    • About Sanctions and the Hybrid Nature of Modern Insurance Contract Law
  • Volume 05 Issue 03
    • Introduction: Law and Language; Implications for Harmonisation and Cross-Border Litigation
    • Europe, Aporetically: A Common Law Without a Common Discourse
    • Practical Obstacles in Cross-Border Litigation and Communication between (EU) Courts
    • Tackling Language Obstacles in Cross-Border Litigation: The European Order for Payment and the European Small Claims Procedure Approach
    • English as a Court Language in Continental Courts
    • Constitutional and Judicial Language Protection in Multilingual States: A Brief Overview of South Africa and Belgium
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• Current Issue

Current Issue

• Experiencing Unfair Commercial Practices: An Introduction

  author: Willem H. van Boom

• The Unfair Commercial Practices Directive in the UK

  author: Marios Koutsias & Chris Willett

• Does EU Economic Law Preclude National Prohibitions of Sales Below Cost?

  author: Bert Keirsbilck

• The Interplay Between the Unfair Commercial Practices Directive and Codes of Conduct

  author: C.M.D.S. Pavillon

• Abusing Loopholes in the Legal System - Efficiency Considerations of Differentiated Law Enforcement Approaches in Misleading Advertising

  author: F. Weber