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This article seeks to explore whether the EU system of fundamental rights protection allows room for constitutional pluralism. By looking at recent developments in the case law of the Court of Justice of the European Union (the Court of Justice), it is submitted that the Court has answered that...
Persistent link: https://www.econbiz.de/10013013467
Persistent link: https://www.econbiz.de/10012953312
Globalization and information and communication technologies pushed national financial regulators to establish international standard setting bodies (SSBs) which promote non-binding international financial regulatory standards. However, finance inevitably has social and human rights impacts and...
Persistent link: https://www.econbiz.de/10012909899
Concerns have been expressed over the role of WIPO in influencing the intellectual property policies of other specialized agencies of the United Nations. This article reviews the policies of FAO, WHO and UNESCO, in addition to WIPO itself, and finds very interesting patterns of cooperation....
Persistent link: https://www.econbiz.de/10014176758
The guiding principle of International Human Rights Law (IHRL) is “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family,” otherwise known as universality. In order to ensure the universality of access to justice despite social...
Persistent link: https://www.econbiz.de/10014156292
This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict...
Persistent link: https://www.econbiz.de/10014149331
This is a pre-publication draft of my contribution to a symposium in the Emory Law Journal honoring the extraordinary scholarly career of Michael J. Perry. In it I address some of the difficulties presenting themselves in contemporary literature on human rights. It is widely acknowledged that...
Persistent link: https://www.econbiz.de/10013289849
This Article focuses on how international human rights and their associated environmental norms can be useful for deepening the domestic legal process, particularly in the area of public participation in environmental decision-making in an age of global warming. To make this argument, this...
Persistent link: https://www.econbiz.de/10014192178
Sovereigns have a long history of defaulting on their debts. Despite the bitter lessons learned through this history, the international community has not yet developed an effective method for dealing with these events. As a result, each sovereign’s debt restructuring process is likely to be...
Persistent link: https://www.econbiz.de/10014126539
The economic rights in copyright law received their present shape under different economic circumstances. Unlike in other areas of intellectual property law, there is no infringement test which would limit copyright protection to its proper function. Whereas in US law the broad scope of...
Persistent link: https://www.econbiz.de/10012859955