Abstract: Constitutionalism has developed in the last two centuries almost exclusively in context of the state. Particularly, its categories and institutional solutions have been fashioned in respect to the functional concerns progressively assumed by the state form of government. In the current...

Abstract: The fundamental freedoms of the EC Treaty prohibit tax discrimination—harsher tax treatment of cross-border economic activities than purely internal activities. Critics of the ECJ argue that the Court’s broad interpretation of the EC freedoms causes it to find tax discrimination...

Abstract: This paper examines the impact of international law on the ability of states to mitigate the effects of financial crises.  It focuses on the invocation of investment treaty disciplines in the aftermath of the 2001-2 Argentine financial crisis and the adjudication of Argentina’s...

Abstract: The creation of the World Trade Organization in 1994 with its streamlined and highly automatic system of dispute settlement has left open the question of whether we can identify a theory of its legal system. This article posits the idea that such a theory can be discerned if we...

Abstract: This article explores the normative interplay between systems of regional integration and the WTO. It is intended to provide an analysis of the response of the dispute settlement mechanisms within the NAFTA and the EU to the normative claims and challenges posed by the WTO Appellate...

Abstract: The rise of economics as one of the main (some will advance the most important) “source” of competition law discourse is well documented. This study focuses on a facet of the integration of economic analysis in competition law: "economic transplants". The term “economic...

Abstract: It is clear that Article 1102 of NAFTA was not intended to prohibit all kinds of differential treatment between foreign and domestic investors. Therefore, what kind of discrimination does Article 1102 outlaw? Many would confidently answer: discrimination aimed at protectionism....

Abstract: Among the few basic legal instruments employed in international economic law for the promotion of trade and investment, the National Treatment (NT) principle and the reasonableness principle constitute the two predominant ones. While both norms deal principally with national measures...

Abstract: In FIAMM and Fedon the European Court of Justice has ruled that Community undertakings hit by US trade sanctions authorised by the WTO Dispute Settlement Body are not entitled to compensation damages from EC political institutions. The article discusses the cases in the background of...