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Tobacco companies and tobacco exporting WTO members have initiated an increasing number of disputes in national, regional and worldwide jurisdictions and investor-state arbitrations challenging the legal consistency of tobacco control measures — such as Australia’s “Tobacco Plain...
Persistent link: https://www.econbiz.de/10014136088
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/10014026347
Tobacco companies and tobacco exporting members of the World Trade Organization (WTO) have initiated an increasing number of disputes in national, regional and worldwide jurisdictions and investor-state arbitrations challenging the legal consistency of tobacco control measures - such as...
Persistent link: https://www.econbiz.de/10013027442
According to J. Rawls, lsquo;in a constitutional regime with judicial review, public reason is the reason of its supreme court'; it is of constitutional importance for the lsquo;overlapping, constitutional consensus' necessary for a stable and just society among free, equal, and rational...
Persistent link: https://www.econbiz.de/10012710958
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...
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