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    Anatomy of a Fall

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    Kommentierung zu Art. 28 CCC

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    Elisabeth Mann Borgese

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    The Biological Diversity (Amendment) Act 2023: A gateway to sustainable access?

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    This legislative note examines India's recent amendments to the Biological Diversity Act, focusing on their sequelae for access and benefit-sharing (ABS) mechanisms. The 2023 amendments mark a significant shift in India's approach to regulating biological resources, particularly through streamlined procedures for foreign entities and the Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homoeopathy (AYUSH) sector. While these changes aim to facilitate international collaboration and trade, they raise important questions about the balance between economic development and biodiversity conservation. The amendments introduce significant modifications to benefit-sharing obligations and traditional knowledge protection, reflecting India's commitment to the Nagoya Protocol on ABS while responding to domestic industrial demands. This note critically assesses whether these legislative changes effectively harmonize international obligations with national interests, particularly in the context of Indigenous rights and sustainable resource management. Special attention is given to the relaxation of access regulations for foreign entities and its potential impact on India's biodiversity conservation goals

    Copyright Moral Rights Protection and Environmental Sustainability

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    A Belgian Call-In Proposal: Joining the EU Trend, But Questions Remain

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    On April 17, 2025, the President of the Belgian Competition Authority (BCA) announced plans to introduce a national call-in power for merger control — a significant shift in Belgium’s approach to transactions under the thresholds of the European and national competition law. This development aligns Belgium with a broader European trend, where Member States like Italy, Ireland, and the Netherlands have already adopted or proposed similar tools to scrutinize mergers that may harm competition but fall below traditional notification thresholds. The move aims to address challenges posed by so-called “killer acquisitions” and “buy-and-build” strategies, particularly in innovation-driven sectors such as tech, pharma, and energy. Previously, Belgium relied on the Towercast doctrine to intervene in such cases, but its limited applicability and practical impact have prompted calls for reform. The initiative also reflects a growing need for national tools following the Illumina/Grail ruling, which limited the European Commission’s ability to accept referrals under Article 22 EUMR from national authorities lacking jurisdiction. Ultimately, the effectiveness of Belgium’s call-in system will depend on its legal design, including the clarity of its criteria, procedural safeguards, and its coherence with the EU’s merger control framework

    Kommentierung zu Art. 5 lit. d DSG

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    Book Review: Prosecuting crime in the public interest

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