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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 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
Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...
Persistent link: https://www.econbiz.de/10012795452
It is frequently said that the United States has a paradoxical human rights policy. This Article takes a closer look at this vision from the perspective of U.S. engagement with international human rights treaty bodies, the quasi-adjudicatory expert committees or commissions that exercise...
Persistent link: https://www.econbiz.de/10014225468
Significant numbers of multinational corporations ("MNCs") from the European Union ("EU") operate in the African, Caribbean and Pacific ("ACP") countries. The ACP countries are attractive operational bases because of the enormous availability of raw materials, low cost of labour, and favourable...
Persistent link: https://www.econbiz.de/10014202843
This chapter reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields. Recent...
Persistent link: https://www.econbiz.de/10014023505
In the following the author presents the key facts on the structure of the European Patent Organisation (EPOrg) which is in charge of patent grant in Europe. A particular attention is given to the question of judicial review of decisions taken by the various organs of the EPOrg. The recent...
Persistent link: https://www.econbiz.de/10014114316
The author explores how Russian government officials and judges interact with the European Court of Human Rights (ECtHR) and argues that the Russian judiciary may be the most ECtHR-friendly branch of Russian government. Russian judges increasingly refer to the jurisprudence of the ECtHR, despite...
Persistent link: https://www.econbiz.de/10013039460
In the book, some 25 authors report on the implementation of the ECHR in their respective countries, including questions of ratification and implementation in law, awareness by legal professionals, inclusion in the curricula of law schools, practice of the courts, cases brought to Strasbourg,...
Persistent link: https://www.econbiz.de/10014175008