Showing 1 - 10 of 25
China's Belt and Road Initiative (BRI) and promotion of BRI investments in more than 60 countries along the ancient territorial and maritime 'Silk Roads' may give rise to (1) trade disputes and WTO dispute settlement procedures; (2) investment disputes settled through China's more than 130 BITs,...
Persistent link: https://www.econbiz.de/10012835981
Ordoliberalism became during the years of the financial crisis the target of a European-wide critical campaign. This school of thought is widely perceived as the ideational source of Germany's crisis politics which has even led to an “ordoliberalisation of Europe”. The essay questions the...
Persistent link: https://www.econbiz.de/10012924068
Following the 2008 financial crisis the EU reformed the regulatory regime pertaining to clearinghouses (or CCPs), and in particular the clearing of over-the-counter (OTC) derivatives. This paper evaluates whether the EU regime for CCPs is consistent with WTO Law and discusses how regulatory and...
Persistent link: https://www.econbiz.de/10012926444
The paper deals with the ways in which the European Union can and should cope with recent deviations from the shared values of rule of law, democracy, and fundamental rights, especially in some of the new Member States in East-Central Europe, such as Hungary and Poland, but also elsewhere. The...
Persistent link: https://www.econbiz.de/10012927148
This analysis focuses on the challenges the EU sovereign debt programmes raise for our understanding of legality in the EU by developing in particular the idea of liminal legality. Liminal legality, in the sense I develop it here, concerns legal issues awaiting legal location within one or more...
Persistent link: https://www.econbiz.de/10012930558
This paper analyses how non-euro MS are affected by a set of euro-crisis measures and how their position towards the Eurozone has evolved. After briefly exploring the origins of differentiated integration in EMU, the paper describes the relevance of Euro-crisis law for the non-Euro MS, for...
Persistent link: https://www.econbiz.de/10013021269
This article explores whether cartelists should be liable for losses resulting from umbrella pricing, thereby critically evaluating the ECJ's judgment in “Kone”. Since the EU legislature did not resolve the question of liability for umbrella pricing, it has to be evaluated in accordance with...
Persistent link: https://www.econbiz.de/10013022187
This paper assesses the actual implications that the current budgetary supervision legal framework (both in the EU Law and Member States) has had on the Economic Constitution. Although there are tangible implications for all EU Member States, and the EU as a whole, in this paper I will mainly...
Persistent link: https://www.econbiz.de/10013022209
This paper analyses the literature produced by legal scholarship on the eurozone crisis. It addresses questions about the main substantive issues discussed, the methodological approaches taken, the level and nature of critical legal analyses, and the main legal and policy proposals based on...
Persistent link: https://www.econbiz.de/10013023986
The regulatory overhaul of the global OTC derivatives markets, originating from the G20, is transforming what used to be a relatively harmonised private and transnational legal regime into a public regulatory space fragmented by diverse territorial jurisdictions. In this regulatory space...
Persistent link: https://www.econbiz.de/10012998851