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Persistent link: https://www.econbiz.de/10012494969
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...
Persistent link: https://www.econbiz.de/10014103060
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...
Persistent link: https://www.econbiz.de/10012962423
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...
Persistent link: https://www.econbiz.de/10014108674
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,...
Persistent link: https://www.econbiz.de/10012753634
Despite the fact that “heavy skies” (gravioris caeli) have been identified and legally classified as a serious concern since ancient times, air pollution still leads to millions of avoidable deaths and significantly impacts the climate. Today more than ever, the protection of people and a...
Persistent link: https://www.econbiz.de/10013234485
Global Legal Pluralism: A Jurisprudence of Law Beyond Borders (GLP) by Paul Schiff Berman is a legal pluralist's contribution to the study of local and global regulation. In a tour de force, Berman articulates clear and concise arguments in support of adopting a pluralist lens (coined as a...
Persistent link: https://www.econbiz.de/10013075243
This paper explores some of the legal implications of the territorial extension or extraterritoriality of EU public procurement law through EU trade policy. The paper has the starting position that, with this policy and regulatory approach, the EU pursues two main goals: first, to further global...
Persistent link: https://www.econbiz.de/10012931850
Corporate Governance has developed immensely in the last decades mainly due to the negative effects on shareholders's of management decisions leading to a continuous conflict to be solved by the policymakers and academics. After the publication of the Cadbury Report, we noticed an increase...
Persistent link: https://www.econbiz.de/10012825787
In this article, I respond to Twining's lecture, ‘Globalisation and Legal Scholarship'. Through an overview of the effect these changes had on the WTO I will describe how a lawyer or scholar of an ‘established transnational field' experienced the phenomenon of globalisation. In the WTO, the...
Persistent link: https://www.econbiz.de/10012928917