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This paper discusses the basic constitutional problem of modern international law since the UN Charter: How can the power-oriented international legal system based on sovereign equality of states be reconciled with the universal recognition of inalienable human rights deriving from respect for...
Persistent link: https://www.econbiz.de/10005017325
The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the...
Persistent link: https://www.econbiz.de/10005017343
Prevention and resolution of conflicts on the basis of agreed rules and just procedures is a common objective of private and public, national and international law (chapter I). The diversity of national and international dispute settlement fora and procedures sets incentives for 'forum shopping'...
Persistent link: https://www.econbiz.de/10005029612
This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of...
Persistent link: https://www.econbiz.de/10009322575
The fairness of institutions of global economic governance ranks among the most pressing issues of our time. Most approaches to understanding the complex structure of treaties and intergovernmental organizations such as the WTO tend to uncritically accept an economic focus, highlighting gains...
Persistent link: https://www.econbiz.de/10011181661
This symposium summarizes the main conclusions of an interdisciplinary conference on Multilevel Governance of Interdependent Public Goods at the European University Institute, Florence, in Spring 2011 and reproduces 4 of the altogether 15 conference papers.<xref ref-type="fn" rid="jgs031-FN1">-super-1</xref> This 'Introduction' identifies...
Persistent link: https://www.econbiz.de/10010969785
<xref ref-type="sec" rid="SEC2">Section II</xref> discusses six different conceptions of justifying international economic law (IEL). <xref ref-type="sec" rid="SEC3">Section III</xref> argues that the 'dual nature' of modern IEL requires limiting 'Westphalian conceptions' of 'international law among states' through protection of 'cosmopolitan rights' and judicial remedies...
Persistent link: https://www.econbiz.de/10010969791
This collection of essays from leading academics examines the connection between the World Trade Organization (WTO) and human rights issues, a topic which has provoked significant debate, particularly in the decade since the collapsed WTO talks in Seattle in 1999.
Persistent link: https://www.econbiz.de/10011173988
This inter-disciplinary volume focuses on the economic and legal challenges confronting globalisation and the evolution of the global system. The Law and Economics of Globalisation discusses the hotly debated topic of globalisation from a wide set of perspectives of law, economics and...
Persistent link: https://www.econbiz.de/10011179400
How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to 'the governance gaps created by globalization (which) provide the permissive environment for wrongful acts by companies...
Persistent link: https://www.econbiz.de/10005743334