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Browsing LAW Working Papers by Author "PETERSMANN, Ernst-Ulrich"
Now showing items 1-19 of 19
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Title: Multilevel judicial governance in European and international economic law Author(s): PETERSMANN, Ernst-Ulrich Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Law and governance need to be justified vis-à-vis citizens in order to be accepted as legitimate and supported by civil society. This contribution argues that the legal and judicial methodologies of multilevel governance ... -
Title: Multilevel Governance of Interdependent Public Goods: Theories, rules and institutions for the central policy challenge in the 21st Century Author(s): PETERSMANN, Ernst-Ulrich; PETERSMANN, Ernst-Ulrich; LAMY, Pascal; BORRELL, José; KAUL, Inge; KRATOCHWIL, Friedrich; WOUTERS, Jan; RAMOPOULOS, Thomas; ABBOTT, Frederick M.; PITARAKI, Anna; ESTY, Daniel; MOFFA, Anthony; HARTMANN, Moritz; PENCA, Jerneja; COTTIER, Thomas Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: This publication includes papers of an interdisciplinary conference in 2011 analysing multilevel governance problems of the international trading, environmental, development and rule-of-law systems as interdependent ...
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Title: International Economic Law in the 21st Century: Need for stronger ‘democratic ownership’ and cosmopolitan reforms Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article, accepted for publication in the 2012 Polish Yearbook of International Law, argues that – in order to make international economic law (IEL) a more effective instrument for protecting human rights and other ...
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Title: Constitutional Problems of Multilevel Judicial Governance in Trade and Investment Regulation Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This lecture, delivered at Copenhagen Business School on 18 November 2011, examines the legal and constitutional methodologies underlying private commercial arbitration, national, regional and worldwide adjudication in ...
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Title: Human Rights and International Economic Law: Common constitutional challenges and changing structures Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This contribution is based on my lecture at the SIDI XVI annual meeting of the Italian Society of International Law in June 2011 at Catania. Section I of this contribution recalls that – due to the ‘dual’ and ‘incomplete ...
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Title: Methodological Pluralism and its Critics in International Economic Law Research Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper (accepted for publication in the Journal of International Economic Law 15 (2012)) uses the term ‘legal methodology’ as referring to the conceptions of the sources and ‘rules of recognition’ of law, the methods ...
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Title: Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’ Author(s): PETERSMANN, Ernst-Ulrich Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: The Future of International Economic Law: A Research Agenda Author(s): PETERSMANN, Ernst-Ulrich Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This final chapter draws conclusions from the second edition of Constitutionalism, Multilevel Trade Governance and International Economic Law by discussing the diverse conceptions of international economic regulation ...
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Title: International Economic Law and ‘Public Reason’: Why Do Governments Fail To Protect International Public Goods More Effectively? Author(s): PETERSMANN, Ernst-Ulrich Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Is the ineffective protection of international public goods (like an efficient world trading and financial system), and thereby also of interrelated national public goods (like a common market undistorted by anti-dumping ...
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Title: Judging Judges: Do Judges Meet their Constitutional Obligation to Settle Disputes in Conformity with ‘Principles of Justice and International Law’? Author(s): PETERSMANN, Ernst-Ulrich Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This contribution argues that the universal recognition of human rights requires judges to take human rights more seriously in their judicial settlement of disputes “in conformity with the principles of justice and ...
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Title: Why Rational Choice Theory Requires a Multilevel Constitutional Approach to International Economic Law - The Case for Reforming the WTO's Enforcement Mechanism Author(s): PETERSMANN, Ernst-Ulrich Date: 2007 Type of Publication: Working Paper Series/Report no.: University of St. Gallen Law School Law and Economics Working Paper Abstract: This contribution argues that power-oriented, intergovernmental approaches to international economic law problems (e.g. trade sanctions in response to WTO violations) may offer less efficient and legally less effective ...
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Title: Constitutionalism and the Regulation of International Markets: How to Define the ‘Development Objectives’ of the World Trading System? Author(s): PETERSMANN, Ernst-Ulrich Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The latin adage ‘ubi commercium, ibi jus’ reflects the insight that the efficiency of markets and trade depend on legal guarantees of market freedoms (such as freedom of contract, property rights), legal security (e.g. ...
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Title: Why Rational Choice Theory Requires a Multilevel Constitutional Approach to International Economic Law - The Case for Reforming the WTO's Enforcement Mechanism Author(s): PETERSMANN, Ernst-Ulrich Date: 2007 Type of Publication: Working Paper
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Title: Multi-Level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System Author(s): PETERSMANN, Ernst-Ulrich Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: State Sovereignty, Popular Sovereignty and Individual Sovereignty: from Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law? Author(s): PETERSMANN, Ernst-Ulrich Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: Justice in International Economic Law? From the ‘International Law among States’ to ‘International Integration law’ and ‘Constitutional Law’ Author(s): PETERSMANN, Ernst-Ulrich Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes “in conformity with the principles of justice and international law.” This contribution ...
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Title: Justice as Conflict Resolution: Proliferation, Fragmentation and Decentralization of Dispute Settlement in International Trade Author(s): PETERSMANN, Ernst-Ulrich Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: Theories of Justice, Human Rights and the Constitution of International Markets Author(s): PETERSMANN, Ernst-Ulrich Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: Time for Integrating Human Rights into the Law of the World Trade Organization: Lessons from European Integration Law for Global Integration Law Author(s): PETERSMANN, Ernst-Ulrich Date: 2001 Type of Publication: Working Paper Series/Report no.: Jean Monnet Working Paper, Harvard Law School
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