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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:2006Type:Working PaperSeries/Number:EUI LAW; 2006/45Abstract: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 ...
Date:2006Type:Working PaperSeries/Number:EUI LAW; 2006/45Abstract: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 ...
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-UlrichDate:2008Type:Working PaperSeries/Number:EUI LAW; 2008/01Abstract: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 ...
Date:2008Type:Working PaperSeries/Number:EUI LAW; 2008/01Abstract: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: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-UlrichDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/44Abstract: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 ...
Date:2006Type:Working PaperSeries/Number:EUI LAW; 2006/44Abstract: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 ...
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-UlrichDate:2007Type:Working PaperSeries/Number:University of St. Gallen Law School Law and Economics Working Paper; No. 2007-19Abstract: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 ...
Date:2007Type:Working PaperSeries/Number:University of St. Gallen Law School Law and Economics Working Paper; No. 2007-19Abstract: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 ...
Title:Human rights require ‘cosmopolitan constitutionalism’ and cosmopolitan law for democratic governance of public goods Author(s):PETERSMANN, Ernst-UlrichDate:2013Type:Working PaperSeries/Number:EUI LAW; 2013/04Abstract:The more ‘globalization’ transforms ‘national public goods’ demanded by citizens into transnational ‘aggregate public goods’, the stronger becomes the need for reviewing ‘Westphalian governance failures’ and related ‘legal ...
Date:2013Type:Working PaperSeries/Number:EUI LAW; 2013/04Abstract:The more ‘globalization’ transforms ‘national public goods’ demanded by citizens into transnational ‘aggregate public goods’, the stronger becomes the need for reviewing ‘Westphalian governance failures’ and related ‘legal ...
Title:Multilevel judicial governance in European and international economic law Author(s):PETERSMANN, Ernst-UlrichDate:2013Type:Working PaperSeries/Number:EUI LAW; 2013/03Abstract: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 ...
Date:2013Type:Working PaperSeries/Number:EUI LAW; 2013/03Abstract: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:How to reconcile health law and economic law with human rights? : administration of justice in tobacco control disputes Author(s):PETERSMANN, Ernst-UlrichDate:2015Type:Working PaperSeries/Number:EUI LAW; 2015/01Abstract:Tobacco companies and tobacco exporting members of the World Trade Organization (WTO) have initiated an increasing number of disputes in national, regional and worldwide jurisdictions and investor-state arbitrations ...
Date:2015Type:Working PaperSeries/Number:EUI LAW; 2015/01Abstract:Tobacco companies and tobacco exporting members of the World Trade Organization (WTO) have initiated an increasing number of disputes in national, regional and worldwide jurisdictions and investor-state arbitrations ...
Title:The 2018 American and Chinese trade wars risk undermining the world trading system and constitutional democracies Author(s):PETERSMANN, Ernst-UlrichDate:2018Type:Working PaperSeries/Number:EUI LAW; 2018/17Abstract:The American and Chinese trade wars of 2018 risk undermining not only the law of the World Trade Organization (WTO, section I). As tariffs tax and restrict domestic citizens and redistribute their income, illegal import ...
Date:2018Type:Working PaperSeries/Number:EUI LAW; 2018/17Abstract:The American and Chinese trade wars of 2018 risk undermining not only the law of the World Trade Organization (WTO, section I). As tariffs tax and restrict domestic citizens and redistribute their income, illegal import ...
Title:How to reconcile human rights, trade law, intellectual property, investment and health law? : WTO dispute settlement panel upholds Australia’s plain packaging regulations of tobacco products Author(s):PETERSMANN, Ernst-UlrichDate:2018Type:Working PaperSeries/Number:EUI LAW; 2018/19Abstract:This comment on the legal findings of the four WTO panel reports of June 2018 on Australia's tobacco plain packaging (TPP) measures begins with a discussion of the ‘systemic interpretation’ challenges (I) and ‘legitimacy ...
Date:2018Type:Working PaperSeries/Number:EUI LAW; 2018/19Abstract:This comment on the legal findings of the four WTO panel reports of June 2018 on Australia's tobacco plain packaging (TPP) measures begins with a discussion of the ‘systemic interpretation’ challenges (I) and ‘legitimacy ...
Title:Human rights, constitutional justice and international economic adjudication : legal methodology problems Author(s):PETERSMANN, Ernst-UlrichDate:2018Type:Working PaperSeries/Number:EUI LAW; 2018/18Abstract:International economic law (IEL) developed since ancient times based on private and public, national and transnational regulation of economic transactions and related economic policies. International human rights law (HRL) ...
Date:2018Type:Working PaperSeries/Number:EUI LAW; 2018/18Abstract:International economic law (IEL) developed since ancient times based on private and public, national and transnational regulation of economic transactions and related economic policies. International human rights law (HRL) ...