The trade and sustainable development chapters included in recent EU FTAs have been criticized for lacking an effective enforcement mechanism, and in particular for the absence of sanctions to ensure compliance. This has been blamed for the poor implementation of their commitments by partner...
My message is, however, that next to the main lines of law’s contents, law students should learn about the ways in which law affects society and its participants. In this connection, they should study selected topics from sociology, but also – and that is the main message here – the cognitive...
A 83-year-old man suffered severe brain damage due to a fall in a bank. The man was brought to a hospital where he died one week later. A medical report then showed that the lack of assistance did not (even partly) contribute to the man’s unfortunate death. Still, the refusal to help had certain...
On 18 July 2017 the Government submitted a proposal for the establishment of the Netherlands Commercial Court (NCC). In brief, the proposal provides for the establishment of a court (and appellate court) before which parties can litigate in the English language. According to the proposal, the NCC...
A little bit of provocation sharpens the mind. Let me therefore start with a provocative thesis: Most lawyers have no idea what law is.
Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics.
