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Redistributive Litigation - Judicial Innovation, Private Expectations and the Shadow of International Law
Stephan, Paul B. - 2009
In this paper, forthcoming in the Virginia Law Review, I explore the role of litigation as a policy-making and rule-generating process in the context of a democratic republic. In democracies, legislatures redistribute wealth, rights, and privileges; debate rages over the direction of this...
Persistent link: https://www.econbiz.de/10014131713
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The International Court of Justice and the Judicial Politics of Identifying Customary International Law
Petersen, Niels - 2020
It is often observed in the literature on customary international law that the identification practice of the International Court of Justice for customary norms deviates from the traditional definition of customary law in Art. 38 (1) lit. b of the ICJ Statute. However, while there are many...
Persistent link: https://www.econbiz.de/10014124082
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The Unitary Patent Court from a Private International Law Perspective
Valente, Luca - 2017
“Some people see things as they are and ask 'why'? Others dream things that never were and say 'why not'?” This famous sentence from G. B. Shaw describes the aim of this work accurately. The many failures in the establishment of a European patent system should not discourage the legislator...
Persistent link: https://www.econbiz.de/10014120583
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Development of 'International law' by International Court of Justice
Cheema, Muhammad Ans Shahzad - 2023
activity legality among states. No strong nations remained on the sidelines in World War I to give effective support to … types of weapons, after the war failed, as shown by the outbreak and course of World War II. The end of hostilities in 1945 … saw the world again facing major international issues, including border rectification, refugee treatment, and …
Persistent link: https://www.econbiz.de/10014356754
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The enforceability of international law
Benning, Axel; Erduran, Abdulmuttalip; Meral, Tuba; … - In: Sustainability in Business Management, (pp. 223-241). 2023
Persistent link: https://www.econbiz.de/10014338035
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Universal Jurisdiction as an International 'False Conflict' of Laws
Colangelo, Anthony J. - 2016
.e. the entire world. Because the justification for exercising universal jurisdiction is an entitlement to apply international …
Persistent link: https://www.econbiz.de/10014210691
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Die beschleunigte Landreform Mugabes vor deutschen Gerichten - der „Hamburger Kaffeestreit“
Boor, Felix - 2020
Persistent link: https://www.econbiz.de/10013326566
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Disputes and the law
Cain, Maureen (contributor); Kulcsár, Kálmán (contributor) - 1983
Persistent link: https://www.econbiz.de/10000073769
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Most-favored-nation clauses as a basis of jurisdiction in investment treaty arbitration : arbitral jurisprudence at a crossroads
Schill, Stephan W. - In: The journal of world investment & trade : law, … 10 (2009) 2, pp. 189-225
Persistent link: https://www.econbiz.de/10003839257
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The WTO appellate body's exercise of judicial economy
Alvarez-Jiménez, Alberto - In: Journal of international economic law 12 (2009) 2, pp. 393-415
Persistent link: https://www.econbiz.de/10003862562