Abstract: This paper examines the impact of international law on the ability of states to mitigate the effects of financial crises.  It focuses on the invocation of investment treaty disciplines in the aftermath of the 2001-2 Argentine financial crisis and the adjudication of Argentina’s...

Abstract: The primary aim of this paper is to point to the need for a European debate on the tension between the fundamental right to freedom of expression and the fundamental right to property in European software regulation. The analysis reveals that the analogous application of existing...

Abstract: The paper looks into the slow and at times controversial process of ‘Europeanising’ the Italian legal system, in order to exemplify how adaptation to changes takes place within entire branches of the state administration. Three examples are selected, all within the domain of labour...

Abstract: The European Union’s quest for democratic and legitimate governance, together with an appropriately defined collective identity and boundaries did not start with the current enlargement process. The Union’s search for its finalité politique and collective identity, however, will...

Abstract: The creation of the World Trade Organization in 1994 with its streamlined and highly automatic system of dispute settlement has left open the question of whether we can identify a theory of its legal system. This article posits the idea that such a theory can be discerned if we...

Abstract: This article explores the normative interplay between systems of regional integration and the WTO. It is intended to provide an analysis of the response of the dispute settlement mechanisms within the NAFTA and the EU to the normative claims and challenges posed by the WTO Appellate...

Abstract: This Article deals with the many and varied meanings attributed to legal terms within the European legal system. The phenomenon should not be a cause for complacency. The broader the ambit of application which a term has, the greater the number of different legal translations there...

Abstract: This paper examines two recent decisions of the Polish Constitutional Tribunal and the German Federal Constitutional Court, which both annulled national implementation of the EAW Framework Decision. After a brief discussion of these courts’ reasoning and pointing out some of their...

Abstract: Taxation of business profits is not yet harmonized in the European Union. In its first part this article takes the position that the ongoing tax competition and the growing economic integration calls for a common system of the taxation of EU multinationals. At present the European...

Abstract: This paper, which is based on information provided by national reports submitted from 17 member states and one candidate state, reflects on the aftermath of the non-ratification of the Constitutional Treaty (TECE), and more specifically on the particular path chosen by EU political...