Title:Recognition of Contracts as Investments in International Investment Arbitration
Author(s):ZIVKOVIC, VelimirDate:2012Type of Publication:ArticleAbstract:The issue of recognition of contractual rights as protected investments in international investment arbitration, primarily under the auspices of ICSID, has sparked divergent approaches in case law. Treatment of certain ...
Title:Regulation that Defies Gravity - Policy, Economics and Law of Legal Immigration in Europe
Author(s):KOCHAROV, AnnaDate:2011Type of Publication:ArticleAbstract:This article offers an assessment of EU directives in the field of legal immigration in the light of the Union’s own claims of economic rationale behind its immigration policy. While stopping short of economic analysis of ...
Title:The ‘Retained Powers’ Formula in the Case Law of the European Court of Justice: EU law as total law?
Author(s):AZOULAI, LoicDate:2011Type of Publication:ArticleAbstract:The case-law of the European Court of Justice is full of standard formulas. This article analyses one such formula, the so-called ‘formula on retained powers’ according to which the scope of application of EU law extends ...
Title:The Role of the International Criminal Judge in the Formation of Customary International Law
Author(s):ARAJARVI, NooraDate:2007Type of Publication:ArticleAbstract:The thrust of this Paper is to analyse the transformation of international custom construction and creation from the model of state practice supported by opinio iuris to a new concept reflected in the judicial decision of ...
Title:The Role of the Judge in International Law
Author(s):CONFORTI, BenedettoDate:2007Type of Publication:ArticleAbstract:Il ruolo dei giudici, sia internazionali che nazionali, nella rilevazione e nell’applicazione delle norme internazionali è cresciuto enormemente negli ultimi decenni. Per quanto riguarda i tribunali internazionali, la loro ...
Title:Self-regulation in European Contract Law
Author(s):CAFAGGI, FabrizioDate:2007Type of Publication:ArticleAbstract:This essay focuses on rule-making procedures in European Contract Law and the role of self-regulation. Self-regulation may serve different purposes in this respect: it operates as a standard-setting mechanism for contracts, ...
Title:A Speech Act Analysis of Judicial Decisions
Author(s):BERNAL, Carlos L.Date:2007Type of Publication:ArticleAbstract:According to the theory of speech acts, speech is a kind of action. He, who says something, does something. Certainly, when a judge or a court makes a decision, he or it says something. He performs some (locutionary) acts ...
Title:Transitional Justice: The Polish Example, the Case of Lustration
Author(s):SAFJAN, MarekDate:2007Type of Publication:ArticleAbstract:This article deals with transitional justice as illustrated by the lustration cases in post-communist countries. In their tansformative process towards democracy, these latter have faced the challenge of finding a balance ...
Title:Union Citizenship and Immigration: Re-thinking the classics?
Author(s):CAMBIEN, NathanDate:2012Type of Publication:ArticleAbstract:The free movement of Union citizens hinges on three ‘classic’ requirements, namely the possession of Member State nationality, the inter-State element and the condition of self-sufficiency. Recent case law of the ECJ seems ...
Title:The Unity of Application of International Law at the Global Level and the Responsibility of Judges
Author(s):DUPUY, Pierre-MarieDate:2007Type of Publication:ArticleAbstract:This article analyses the relationship between Courts and tribunals in the interpretation and application of international law. The goal here is of crucial importance: that of guaranteeing the unity of international law ...