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A decade ago, leading arbitration institutions and practitioners responded to growing concerns about burgeoning costs and delays in international commercial arbitration ("ICA") partly through some considerable changes to Arbitration Rules. Nowadays, however, disquiet has re-emerged especially...
Persistent link: https://www.econbiz.de/10014203668
This paper explores the potential impact of the General Agreement on Trade in Services ('GATS') on the water and sanitation services sector. It argues that water and sanitation require special consideration in the liberalisation debate given their essential role in promoting human health and...
Persistent link: https://www.econbiz.de/10014204027
Along with discussions of global governance, global administrative law, and fragmentation, international legal scholars and other social scientists have increasingly engaged in debates over the causes and effects of global constitutionalization. These debates often suffer from imprecise and...
Persistent link: https://www.econbiz.de/10014212306
Various authors have questioned the legal framework of the European System of Central Banks and of the European Central Bank (ECB), which undoubtedly concentrates on ensuring the independence of the system, rather than introducing a democratically accountable monetary policy authority. Rather...
Persistent link: https://www.econbiz.de/10014212576
This article, by tackling one of the most controversial issues surrounding the functioning of the European Food Safety Authority (EFSA), explores whether its scientific opinions and other administrative acts may be challenged before the European courts. The issue as to whether Community courts...
Persistent link: https://www.econbiz.de/10014212680
In the past fifty years, one has heard debates about whether law is a business, a profession, or both, what these terms mean and whether it matters. Regardless of what one thinks about these debates, there is a new paradigm that must be added to the mix, which is the paradigm of lawyers as...
Persistent link: https://www.econbiz.de/10014212770
In the aftermath of 9/11, definitional uncertainty as to the status and rights of detainees has contributed to unending violations of civil and political rights for thousands of individuals held world-wide either directly by, or on behalf of, the United States. While various terms have been used...
Persistent link: https://www.econbiz.de/10014213012
This paper first outlines the phenomenon of climate-induced displacement, with a focus on displacement from small island States (particularly in the Pacific), on which the impacts of climate change are well documented and keenly felt (although the challenges manifested there have parallels in...
Persistent link: https://www.econbiz.de/10014213327
In the absence of a bill of rights in Australia with which to evaluate and challenge sophisticated rights-based arguments for evaluating anti-terrorism laws, those faced with arguably excessive laws are left with little upon which to hang their challenges. In the High Court case of Thomas vs....
Persistent link: https://www.econbiz.de/10014213328
This paper critically examines three key recent cases of superior courts concerning restrictions on religious symbols: a prohibition on wearing headscarves in Turkish universities, upheld by the Grand Chamber of the European Court of Human Rights (Sahin v Turkey)(2005); a restriction on a...
Persistent link: https://www.econbiz.de/10014213329