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Rethinking Subsidiarity in International Human Rights Adjudication
Carter, Jr., William M. - 2019
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
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Business and Human Rights in Europe : International Law Challenges (Foreword)
Farah, Paolo Davide - 2018
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
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The Future of International Corporate Human Rights Litigation : A Transatlantic Comparison
Chambers, Rachel; Berger-Walliser, Gerlinde - 2022
Imposing legal liability on corporations for their involvement in human rights violations remains problematic. In the United States, civil liability in such circumstances developed in a series of Alien Tort Statute cases. This evolution came to an abrupt end with the cases of Kiobel v. Royal...
Persistent link: https://www.econbiz.de/10014085955
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Leaving the European Union Without a Deal : The Legal Status of the UK's Financial Obligations Under International Law
Kemp, Nicola - 2018
The author considers the principle in international law of the survival of accrued treaty rights and obligations upon the termination of a treaty, and analyses the precise scope of the exception to that principle set out in the Vienna Convention on the Law of Treaties. The scope of the exception...
Persistent link: https://www.econbiz.de/10012912660
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Mapping the Territory : Contextual Jurisprudence, Legal Pluralism and WTO Law and Development, A Response to William Twining's Internal Critique Thesis from the Point of Transnatio...
Panezi, Maria - 2018
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
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An Enlarged Sense of Possibility for International Law : Seeking Change by Doing History
Nijman, Janne Elisabeth - 2020
This chapter explores the so-called ‘Turn to History’ in international legal scholarship. Interest in the intellectual history or ‘history of ideas’ of international law has surged around the last turn of the century. Nijman contextualises this development and stages three possible...
Persistent link: https://www.econbiz.de/10014101955
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Energy Security and Energy Sovereignty from the Investment Protection Perspective : International Law, EU Law and National Policies
Belohlavek, Alexander J. - 2013
Energy security and energy sovereignty have their national and international dimensions. In the EU Member States, these dimensions are further complemented by the EU perspective. The concept of raw materials and energy security, as currently proclaimed by a number of states, is probably too...
Persistent link: https://www.econbiz.de/10014152676
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Growing Teeth : International Law and Indigenous Sustainable Development - the Case of Negotiated Agreements
Matiation, Stefan - 2014
The interest that governments, indigenous groups and multinational corporations share in property and natural resources has often had devastating impacts on indigenous communities in North and South America. These communities have experienced dispossession dating back to the time the two...
Persistent link: https://www.econbiz.de/10014027816
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Second Report (Final) to the Committee on International Trade Law of the International Law Association on the Subject of the Exhaustion of Intellectual Property Rights and Parallel...
Abbott, Frederick M. - 2011
1997 meeting at the headquarters of the World Intellectual Property Organization (WIPO) in Geneva, the Committee considered … efficient allocation of productive resources in the world trading system, and that it would advance the interests of developing … affects world markets. Opening markets to parallel trade would benefit consumers. Recent actions by competition authorities in …
Persistent link: https://www.econbiz.de/10014178000
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The Rule of Law and the Division of Labour between National and International Law : The Case of International Energy Relations
Schill, Stephan W. - 2017
authority becomes increasingly blurred. Indeed, many phenomena of today's globalised world, including international energy …
Persistent link: https://www.econbiz.de/10012962423