The rule of law remains a hallowed principle even in the unpromising environment of counterterrorism, but failures to live up to rule of law rhetoric must be highlighted. As a result, one might question whether counter terrorism can realistically be conducted wholly in accordance with the rule...

This paper discusses the case law of the ECJ which shows that individuals are deprived of any direct legal protection at the ECJ against environmental directives and regulations. The case of the Court of Justice shows that the ECJ has failed adequately to appreciate that the old remedies,...

The rule of law is one of the yardsticks by which both critics of and apologists for international investment law evaluate the regime, but it has been thus far insufficiently theorised. This chapter offers some thoughts on how the concept of the rule of law might be deployed to justify and...

One of the most crucial components of the 2002 National Security Strategy which will impact virtually all other components is the world-wide implementation of the rule of law. In furtherance of the Strategy, National Security Presidential Directive 44 was issued in late 2005 and states that it...

An endless literature exhorts us to ask whether international arbitrators have some sort of a duty or obligation to enforce rules of mandatory law. Such an abstract inquiry - untethered from the positive law implications of arbitral failure, or the pragmatic constraints that push individual...

In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment...

This article aims to investigate the phenomenon of the rule of law promotion exercised by the EU through the Deep and Comprehensive Free Trade Agreements (DCFTAs). First, the article emphasizes the unique combination of normative and market power the EU uses to diffuse its norms through trade...

How does the quality of national institutions that enforce the rule of law influence international trade? Anderson and Marcouiller (2001) argue that bad institutions located in the importer's country deter international trade because they enable economic predators to steal and extort rents at...

The rule of law as a governing norm has expanded from state to regional and international level. Within the EU, the Court of Justice (ECJ) is one of the institutions developing an EU rule of law, which in particular is informed by the EU treaties, secondary legislation, and national...

Immigration reform issues are extraordinarily complex and have been the subject of extensive scholarship. In this article, I undertake the relatively modest goal of addressing two core issues of the immigration reform debate: a balanced view of the rule of law, and the significance of the unique...