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In this paper we aim to explain World Trade Organization (WTO) members’ decision to initiate a dispute at the WTO …
Persistent link: https://www.econbiz.de/10014114325
Persistent link: https://www.econbiz.de/10003655246
Imposing legal liability on corporations for their involvement in human rights violations remains problematic. In the United States, civil liability in such circumstances developed in a series of Alien Tort Statute cases. This evolution came to an abrupt end with the cases of Kiobel v. Royal...
Persistent link: https://www.econbiz.de/10014085955
Public contracting has become an increasingly important form of administrative action, so much that the modern state has been characterized as a ‘contracting state.' Yet, while public contracting increasingly takes place in globalized markets, the law governing it has been understood...
Persistent link: https://www.econbiz.de/10012962428
The concept of treaty abuse, although being of great significance to the operation of international tax treaties, is by no means peculiar to this particular branch of law. A treaty abuse doctrine exists in general international law since long. As this paper argues, current work within the OECD,...
Persistent link: https://www.econbiz.de/10012954593
This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE's Members)...
Persistent link: https://www.econbiz.de/10012909750
This paper examines the rise of algorithmic systems—that is systems of data driven governance (and social credit type) systems in the context of business and human rights and its ramifications (especially its challenges) for law. Section 1 sketches the context within which it is possible to...
Persistent link: https://www.econbiz.de/10013240489
This paper elaborates on the voluminous literature on the Alien Tort Statute (ATS) and looks at the Statute through the prism of Political Economy and the state-capital nexus. In particular, it tries to locate the recent decision of the U.S. Supreme Court in Daimler v. Bauman within the...
Persistent link: https://www.econbiz.de/10013043483
The paper looks at resolutions and operational activities of the UN as parts of processes of institutionalisation of nascent norms of CIL. It argues that institutionalisation clarifies the scope of the norm and of its application; and improves mechanisms of persuasion and compliance with the...
Persistent link: https://www.econbiz.de/10012952678