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This paper discusses the basic constitutional problem of modern international law since the UN Charter: How can the power-oriented international legal system based on sovereign equality of states be reconciled with the universal recognition of inalienable human rights deriving from respect for...
Persistent link: https://www.econbiz.de/10005017325
It is perhaps a truism to note that ‘the consumer’ is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its encounters with the consumer? Can it, and if so to what way, shape the...
Persistent link: https://www.econbiz.de/10005017327
The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the...
Persistent link: https://www.econbiz.de/10005017343
The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes in conformity with the principles of justice and international law. This contribution discusses procedural and substantive principles of justice which the...
Persistent link: https://www.econbiz.de/10005017363
Under the World Trade Organization (WTO) legal framework, when a violation is deemed to occur, Members have recourse to a quasi-automatic dispute settlement system. If the breach persists after the WTO Dispute Settlement Body (DSB) has adopted a ruling, Members hurt by the illegal measures can...
Persistent link: https://www.econbiz.de/10009322574
Since the nineties of the last century two opposite trends have marked the development of international intellectual property protection. On the one hand, world trade negotiations have resulted in the establishment of a globally uniform system of adequate protection of intellectual property by...
Persistent link: https://www.econbiz.de/10005029606
This paper, to be also published as Working paper By the Inter-American Development Bank http://www.iadb.org addresses the issue of the relevance for Latin America and the Caribbean of European experience with the governance of regional integration. It focuses on the global governance of the...
Persistent link: https://www.econbiz.de/10005029617