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Browsing LAW Working Papers by Subject "international trade"
Now showing items 1-7 of 7
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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 ... -
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: Free Trade with Hazardous Products? The Emergence of Transnational Governance with Eroding State Government Author(s): JOERGES, Christian Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The historical evolution of free trade has been accompanied by a plethora of debates, concerning both its positive effects and social costs. During the last decade, the subject of these disputes has markedly changed. The ...
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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: 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: 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: Consumer Citizenship in Postnational Constellations? Author(s): EVERSON, Michelle; JOERGES, Christian Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: It is perhaps a truism to note that ‘the consumer’ is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its ...
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