Daniel Runge’s scientific contributions

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Publications (4)


The European and European Union Patents Court: The Way Forward After ECJ Opinion 1/09 on the Compatibility of the EEUPC with EU Law
  • Article

July 2011

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26 Reads

SSRN Electronic Journal

Daniel Runge

This article undertakes a critical examination of the EU Commission proposal for a EU and EC wide-unified patent recognition and litigation system. The paper examines the current EU patent system, the original and revised EU Commission proposal for the unified system and the opinion of the European Court of Justice as to the deficiencies of the original proposal. My conclusions include recommended changes to be made to the Commission proposal that will bring the unified system within the bounds of EU law, a discussion of the effect of those potential changes on the nature or effectiveness of the unified system and an examination of the potential significance the unified patent system may have on EU patent protection.


The Special Tribunal for Lebanon’s Unique Beginnings, Its Political Opposition and Role as Model for Future Ad Hoc Criminal Tribunals for Terrorism Prosecution

July 2011

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38 Reads

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2 Citations

SSRN Electronic Journal

This article suggests that the Special Tribunal for Lebanon in many respects can serve as a model for future ad hoc international tribunals for the prosecution of terrorism. The article discusses the assassination of Rafiq Hariri and the investigation that followed, leading to the tribunal’s formation. After this background, the formation of the tribunal is analyzed. Initially designed as a hybrid international tribunal based on a treaty between the United Nations and Lebanon, the tribunal was ultimately established unilaterally by the United Nations Security Council following the failure of the Lebanese government to approve the treaty. The article then discusses the political divisions in Lebanon and the power of Hezbollah’s opposition to the tribunal’s work and what impact, if any, this may have on the tribunal. Within this background framework the article then discusses the unique characteristics of the tribunal, including its mandate for the prosecution of terrorism, the first international tribunal of this nature, as well as the application of Lebanese substantive law regarding the definitions of terrorism and the application of international procedural standards. Finally, the article offers a critique of the tribunal as a model for future ad hoc international tribunal prosecutions of terrorism, arguing that Hezbollah’s power serves as a cautionary tale to the international community because of the group’s opposition, from within the government, to the tribunals work. However, the unique legal framework with its application of domestic legal definitions of terrorism combined with internationally recognized procedural standards, can serve as a model to be duplicated in future tribunals.


Don’t Make the Perfect the Enemy of the Good: Passing the U.S.-Panama Free Trade Agreement

May 2011

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5 Reads

SSRN Electronic Journal

This paper provides my recommended road to passage for the U.S.-Panama Free Trade Agreement. The FTA has stalled since its signing in 2007 under both the Bush and Obama Administrations and through two congressional elections. I analyze two key points in opposition to the passage of the agreement, financial transparency and labor issues. I argue that passage should only be conditioned on the implementation of the recently signed Tax Information Exchange Agreement between the U.S. and Panama. Panamanian labor issues need not be addressed in connection to the FTA’s passage and concerns about money-laundering are sufficiently addressed within the current bilateral relationship.


Revisiting the Protect America Act of 2007: Reaching the Appropriate Balance Between Our National Security Interests, American’s Civil Liberties and Government Oversight

January 2008

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11 Reads

SSRN Electronic Journal

This paper, researched and drafted in the winter of 2007-2008, discusses the Protect America Act of 2007 within the framework of the role of government oversight and balancing national security interests and civil liberties. I begin with a discussion of the Foreign Intelligence Surveillance Act (FISA) and the Protect America Act of 2007 (PAA) that amended FISA. I then argue that the PAA should include more civil liberties protection, the strengthening of government oversight of intelligence gathering and a discussion of the role of retroactive immunity. Finally, I discuss proposals, as of January 2008, to amend the PAA.

Citations (1)


... La fecha, grabada en la memoria de todo libanés, marcó un punto de inflexión en la historia del Líbano y desencadenó el establecimiento del Tribunal Especial para el Líbano (TEL). Se trata de un tribunal único (Runge, 2012;Aptel, 2007) que fue creado por el Consejo de Seguridad (CS) tras el fracaso en la ratificación de un tratado internacional entre la ONU y el Líbano con esa finalidad. Difiere de otras jurisdicciones internacionales, híbridas y ad hoc en que es la primera con jurisdicción sobre el crimen de terrorismo -cuya definición ha sido intensamente debatida durante años (Falk, 2019;Margariti, 2017;Greene, 2017;Vacas, 2011)-y en que su creación fue sin duda selectiva (Wierda, Nassar & Maalouf, 2007;Nashabe, 2012;Knudsen & Hanafi, 2013). ...

Reference:

El Tribunal Especial para el Líbano y la sentencia Hariri. ¿Justicia selectiva?
The Special Tribunal for Lebanon’s Unique Beginnings, Its Political Opposition and Role as Model for Future Ad Hoc Criminal Tribunals for Terrorism Prosecution
  • Citing Article
  • July 2011

SSRN Electronic Journal