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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
In social justice advocacy in the United States today, activists often use international human rights rhetoric, methods, standards, and institutions. What are the scope, purposes, and effects of this strategy? Is this something new? If so, how and when did this trend begin? This paper discusses...
Persistent link: https://www.econbiz.de/10014050285
Some commentators have recently proclaimed the U.S. Alien Tort Claims Act to be dead. In Nevsun Resources, the Canadian Supreme Court took a seemingly bold step in providing access to justice to victims of human rights abuses against corporate entities, presumably to partly fill this void. This...
Persistent link: https://www.econbiz.de/10014361226
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
This article examines the principles of accountability applied by the European Investment Bank in comparison with the practices of other Multilateral Lending Institutions. After a brief description of the EIB and its activities, the substantive and procedural principles governing the EIB's...
Persistent link: https://www.econbiz.de/10013067462
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
The legal context may not be the only context in which human rights are applied, but it certainly is an important one. With a view to assessing human rights in the context both of the courtroom and of legal scholarship, this paper sets out some of the basics of law and legal method
Persistent link: https://www.econbiz.de/10012945195
Pantha rhei (‘everything flows’) turns out to be a very fitting metaphor for how terabytes of digital data rush through the network of networks. Data flows tend to undermine outdated regulatory formations and to erode the paradigms that used to underpin a society’s conventional right to...
Persistent link: https://www.econbiz.de/10013246802