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Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...
Persistent link: https://www.econbiz.de/10013088950
This article examines the principles of accountability applied by the European Investment Bank in comparison with the practices of other Multilateral Lending Institutions. After a brief description of the EIB and its activities, the substantive and procedural principles governing the EIB's...
Persistent link: https://www.econbiz.de/10013067462
The projected inclusion of the subsidiarity principle and the margin of appreciation doctrine in the preamble to the European Convention on Human Rights (ECHR) is a legal turn that deserves special attention. Is it a welcomed reform which will enhance the Strasbourg Court's often-questioned...
Persistent link: https://www.econbiz.de/10012952551
This essay is a reply to four critiques of the thesis advanced in The Sovereignty of Human Rights, which are to be published in a special issue of the Jerusalem Review of Legal Studies. The first claims that practices associated with human rights in the international arena bear a loose...
Persistent link: https://www.econbiz.de/10012953171
This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it...
Persistent link: https://www.econbiz.de/10012906251
This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE's Members)...
Persistent link: https://www.econbiz.de/10012909750
Whilst the use of European consensus by the European Court of Human Rights is receiving some attention in the relevant scholarship, there has been very little assessment of the validity of the assumption that this method of decision making enhances the legitimacy of judgments. There has also...
Persistent link: https://www.econbiz.de/10012894350
The legal context may not be the only context in which human rights are applied, but it certainly is an important one. With a view to assessing human rights in the context both of the courtroom and of legal scholarship, this paper sets out some of the basics of law and legal method
Persistent link: https://www.econbiz.de/10012945195
Drawing on an expert seminar, a public consultation and more than 40 written submissions, the report describes possible methods of implementing human rights obligations relating to the enjoyment of a healthy environment. The proposals are addressed to: (a) the Human Rights Council, the United...
Persistent link: https://www.econbiz.de/10012970076