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Law stories

Bruno de Witte and the ever-evolving field of EU law

  • Featured
  • Researchers
  • UM news

Professor Bruno de Witte is saying goodbye to Maastricht University, but not to European Law.

Bruno de Witte

Are human rights of future generations our concern?

  • Featured
  • Researchers

After years of meaningful work at our university, Prof.

fons coomans

A window of opportunity for grant recipients Nasrat and Arif

Both work on their projects at Maastricht University’s Faculty of Law on a Hestia Grant.

law_nasrat_sayed_and_arif_aksu Hestia Grant

Partial independence doesn’t exist: how will the EU get on with Poland?

The European rule of law is under siege in Poland.

Law jaarverslag Polen and EU flag

What is the right attitude for an ethical lawyer?

She was a criminal lawyer for many years and a member of the Dutch Senate for the GroenLinks (green left) party.

Law_britta_bohler story

Law stories in UMagazine

Terms and conditions of our future

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  • Researchers
  • Students

The Facebook Papers, a series of documents leaked by whistleblower Frances Haugen, brim with revelations.

facebook papers

Courtly with a strong constitution

After 35 years at Maastricht University, Constitutional Law Professor Aalt-Willem Heringa will hold his farewell lecture on 25 March.

Aalt Willem Heringa

“I want to make crossing borders easier”

  • Corporate
  • Featured
  • Human interest
  • Researchers

Hildegard Schneider is set to say goodbye.

hildegard schneider

Vulnerable victims can use all the support they can get

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  • Featured
  • Human interest
  • Researchers
  • Students

Sexual harassment in public is becoming a punishable offence.

Suzan van der Aa

Lessons from a border region

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  • Human interest
  • Researchers
  • Students

The pandemic has called into question the idea of a Europe without frontiers.

Unfried Schoenmaekers

Law blogs

Overriding Mandatory Rules in International Arbitration: Balancing Business Freedom and State Interests

  • Law

Imagine two companies from different countries enter a business deal. They pick a neutral country’s law to govern their contract and agree to arbitrate any disputes, thinking they can sidestep each other’s national courts. But what if one country’s law absolutely prohibits something in the deal – say, paying bribes, or trading with a sanctioned nation? Laws like these are called overriding mandatory rules, and they can trump the chosen law of the contract. In international commercial arbitration, where private arbitrators (not courts) decide disputes, such must-obey laws pose a unique challenge. How can arbitrators respect these important laws without undermining the freedom of businesses to choose their own rules? This question is at the heart of my research on overriding mandatory rules in international commercial arbitration.

law scale arbitration

What is coercion?

  • Law

According to classic economic thinking—and to common sense—if two parties agree to a deal, both are made better off, otherwise they would not have agreed. This idea is also reflected in contract law, at least in its basic form, treats consent as the cornerstone of a valid contract. If both sides say ‘yes,’ the law usually upholds the deal.

But matters are not that simple. Consumer protection laws, for instance, recognise situations where one party needs special safeguards. And everyone accepts that consent at gunpoint—think of the mobster line, ‘Your signature, or your brains on the contractis not real consent. The harder question is why coercion invalidates consent, and even what “consent” really means. In my thesis, I address both questions. Contrary to much of the existing scholarship, which treats the distinction between free and coerced consent as a social construct, I argue that the difference is factual and can be identified objectively.

consent

Should Employees Participate in Corporations? A Law and Economics Perspective.

  • Law

When we speak of corporations, we usually think of shareholders and managers: the former provide capital, the latter make decisions. Yet, without the contributions of its employees, no corporation can survive, let alone thrive. In my PhD thesis, I answered the question of how employee participation has been developing and structured over time in China, and what effects it has had on employees and on firm performance. I also compared employee participation in China and Germany. In this blog, I want to focus on the importance of employee participation and what insights China and Germany can provide.

corporate office employees

One money security: for an Ivorian legal overhaul to withstand global illicit flows

  • Law

My thesis proposes to analyse in depth the Ivorian framework for combating money laundering, suggesting solutions inspired by international best practices. It calls for action from all stakeholders: public decision-makers, financial institutions, media, civil society, and international organizations, in order to foster collective mobilization around the proposed solutions, for an effective and efficient fight against this scourge with multiple repercussions.

dollar bills

Everyone needs a bank. Including human traffickers.

  • Law

Every October 18, the EU marks its Anti-Trafficking Day, a day dedicated to raising awareness for human trafficking and its impact on victims and societies. In this blog – which draws from our article recently published in the 76th special edition of Cahiers Politiestudies exploring the financial side of crime – we adopt a dual legal-sociological lens to explore how this hidden offense can be made more visible. We make the case for law enforcement and banks to proactively join forces, while highlighting some of the tensions that can arise in such partnerships and the need to address them explicitly if these initiatives are to reach their full potential.

bills