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"Lawfare" is the idea that international law only exists as a strategem; that states only comply with or create international rules as part of their quest for power; that power, not law or morality or even trade dominates international relations; and that states are rational power maximizers. As...
Persistent link: https://www.econbiz.de/10014168294
Currently, a de facto global antitrust system, constructed on the basis of emulation of the converging U.S.-E.U. anti-trust/competition law regime is anchoring global laws about unfair business practices as to price fixing and production quotas, inter alia. This de facto system is not yet based...
Persistent link: https://www.econbiz.de/10014168776
This paper sets out the basics of the Import substitution - industrialization (ISI) model for development, the socialist variant of ISI and the neo-liberal theory of developing, critiquing each in turn. Each of these models failed, for different reasons, and in different ways, to attain...
Persistent link: https://www.econbiz.de/10014206904
The European Union (EU) is founded on conceptual variants within liberalism such as corporatism and ordo-liberalism which are collectivist, not individualist, social, not contractarian, and confederal, not federal. The institutions and laws which grow from these concepts often, but not always,...
Persistent link: https://www.econbiz.de/10014210786
Free trade and environmental protection are two norms which sometimes collide. The resolution of colliding norms can occur either using a formalist "descriptive" analysis, or using a "prescriptive" approach of legal realism. It may seem intuitive to imagine realism and formalism as mutually...
Persistent link: https://www.econbiz.de/10014210840
This article outlines the general principles of European environmental law so that common law jurists can understand their potentials and limits as a means to protect the environment. Though general principles of law are important as a source or at least as a persuasive guide to law in civilian...
Persistent link: https://www.econbiz.de/10014213938
Sovereign state power, absolute and unlimited, was to guarantee the lives and property of citizens. Instead, States became vectors for mass violence. The realist/atomist model of sovereignty failed to preserve peace and instead led to global wars of mass destruction. The same technological...
Persistent link: https://www.econbiz.de/10014214605