Reflections on the constitutionalisation of international economic law : liber amicorum for Ernst-Ulrich Petersmann
Title: Reflections on the constitutionalisation of international economic law : liber amicorum for Ernst-Ulrich Petersmann
Editor(s): CREMONA, Marise; HILPOLD, Peter; LAVRANOS, Nikolaos; SCHNEIDER, Stefan Staiger; ZIEGLER, Andreas R.
Publisher: Martinus Nijhoff Publishers
Citation: Leiden : Martinus Nijhoff Publishers, 2014
ISBN: 9789004228825; 9789004228832
This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of International Economic Law, International Constitutional Law/Transnational Constitutionalism, EU Law and Human Rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann´s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of International Economic Law. “Construing” the constitution of International Economic Law, in both senses of this activity, was an aim throughout Professor Petersmann´s academic career and this goal stands also at the heart of this book.
Table of Contents:
-- Preface, Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R. Ziegler INSTITUTIONAL AND SUBSTANTIVE ISSUES IN EUROPEAN LAW -- Liberalization of Trade in Goods in the EEC: Origin and Early Evolution, Federico Ortino -- The ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era, Peter Hilpold -- Margin of Appreciation Revisited: The Balancing Pole of Multilevel Governance, Reinhard Hilf and Tim René Salomon -- The Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals, Nikos Lavranos -- National Judges and European Laws: A Comparative Constitutional Perspective, Giuseppe Martinico -- Legal Pluralism in the EEA Legal Order: The EFTA Court’s Role in a Broader Institutional Context, Ólafur Ísberg Hannesson -- Constructing a ‘We’: Collective Agency and the European Union, Pedro Lomba -- Conflicts-Law Constitutionalism: Ambitions and Problems, Christian Joerges -- Balancing Difference and Equality of Political Rights in the European Union – A Paradigm of Constitutional Pluralism, Roland Bieber -- International Regulatory Policy and Democratic Accountability: The EU and the ACTA, Marise Cremona -- Financial Liability of the EU for Violations of WTO Law – A Legislative Proposal Benefiting Innocent Bystanders, Marco Bronckers and Sophie Goelen INSTITUTIONAL ISSUES IN WTO LAW -- Constitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals, John H. Jackson -- Constitutional Perspectives on International Economic Law, Peter-Tobias Stoll -- Sovereign Equality and Graduation in International Economic Law, Thomas Cottier -- International Economic Law: Still the Ugly Duckling of Public International Law?, Andreas R. Ziegler -- Justice is Coming (… From Behind Closed Doors: The WTO Judges), Petros C. Mavroidis -- Panel Requests: What’s The Problem?, Gabrielle Marceau and Jennifer K. Hawkins -- Legal Aspects of the WTO-IMF Relationship Revisited, Chien-Huei Wu -- Prof. Ernst-Ulrich Petersmann and the Work of the ILA Committee on International Trade Law (1993–2012), Frederick M. Abbott -- Still Going “Grey” After All These Years? Export-Restraint Agreements and the WTO, Antonello Tancredi -- Filling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China, Edwin Vermulst -- Nature and Status of WTO Accession Commitments: “WTO-Plus”Obligations and Their Relationship to Other Parts of the WTO Agreement, Lothar Ehring -- Tobacco Products in WTO Law, Lukasz Gruszczynski -- Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health, Daniel Kraus -- The Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good, Ilze Dubava -- Diplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990–1992) and Its Lessons, Giorgio Sacerdoti WTO AND REGIONAL TRADING BLOCS -- Enforcement of the WTO ‘Regional Exceptions’: A Comparative Institutional Analysis, Boris Rigod -- Regional Trade Agreements: ‘Stepping Stones’ or ‘Stumbling Blocks’of the WTO?, Richard Senti -- State’s Access to Justice in a Multilevel Legal World: The Brazil Tyres Cases Revisited, Stefan Staiger Schneider INSTITUTIONAL AND SUBSTANTIVE ISSUES IN INTERNATIONAL LAW -- Revisiting Sustainable Development in Light of General Principles of International Environmental Law, Francesco Francioni -- Product Labelling 15 Years On: The Role of the Judiciary, Arthur E. Appleton -- International Regulation and Control of the Production and Use of Chemicals “Revisited”, Hans-Wolfgang Micklitz and Marco Rizzi -- Righting Socio-Economic Wrongs in Times of Financial and Economic Crisis, Mary E. Footer -- The Right to Development within the International Economic Legal Order, Christian Tietje -- The Right to Water: Effective Multi-Level Protection of a Multi-Faceted Human Right? – An Application of the Kadi and Medellin Approaches to the Case of the Right to Water, Pierre Thielbörger -- Elusive Coherence in International Law and Institutions: The Labour – Trade Debate, Friedl Weiss -- Consumer Labelling on Trial at the WTO: Misunderstanding the Behavioural Law and Economics of Consumer Information, Robert Howse -- Selected List of Publications By E.-U. Petersmann (1972–2012)