The rule of law is one of the yardsticks by which both critics of and apologists for international investment law evaluate the regime, but it has been thus far insufficiently theorised. This chapter offers some thoughts on how the concept of the rule of law might be deployed to justify and...

Parallel to the view that national and international law are two separate legal orders, the concept of the rule of law is often separated into a national and an international rule of law. Since the content of both can differ, this can lead to a confrontational perspective which ultimately asks...

This article aims to investigate the phenomenon of the rule of law promotion exercised by the EU through the Deep and Comprehensive Free Trade Agreements (DCFTAs). First, the article emphasizes the unique combination of normative and market power the EU uses to diffuse its norms through trade...

The rule of law as a governing norm has expanded from state to regional and international level. Within the EU, the Court of Justice (ECJ) is one of the institutions developing an EU rule of law, which in particular is informed by the EU treaties, secondary legislation, and national...

This paper discusses the case law of the ECJ which shows that individuals are deprived of any direct legal protection at the ECJ against environmental directives and regulations. The case of the Court of Justice shows that the ECJ has failed adequately to appreciate that the old remedies,...

This study examines the protection of fundamental rights, democracy and rule of law in the European Union, and the challenges that arise in reflecting on ways to strengthen EU competences in these contested terrains. It provides a ‘state of play' and critical account of EU-level policy and...

The relationship between human rights law and international trade law has been a point of discussion for many years. An explicit reference to human rights is nowhere to be found in the WTO Agreement, but the ruling of the Appellate Body in the EC-Tariff Preferences case has made an important...