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Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...
Persistent link: https://www.econbiz.de/10013088950
The EU has included human rights clauses in its international trade and cooperation agreements since the early 1990s. These clauses permit a party to a trade agreement to adopt ‘appropriate measures' in the event that the other party violates human rights or democratic principles. This study...
Persistent link: https://www.econbiz.de/10013053457
This article examines the principles of accountability applied by the European Investment Bank in comparison with the practices of other Multilateral Lending Institutions. After a brief description of the EIB and its activities, the substantive and procedural principles governing the EIB's...
Persistent link: https://www.econbiz.de/10013067462
This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE's Members)...
Persistent link: https://www.econbiz.de/10012909750
Pantha rhei (‘everything flows’) turns out to be a very fitting metaphor for how terabytes of digital data rush through the network of networks. Data flows tend to undermine outdated regulatory formations and to erode the paradigms that used to underpin a society’s conventional right to...
Persistent link: https://www.econbiz.de/10013246802
Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It...
Persistent link: https://www.econbiz.de/10014223578
The author focuses on the notion of positive discrimination in the jurisprudence of the European Court of Human Rights. A positive discrimination means in essence temporarily “abandoning” the equality principle, precisely in order to reestablish the equality of chances for certain...
Persistent link: https://www.econbiz.de/10014258675
The paper compares the case law on the right to life of the European Court of Human Rights and the Human Rights Committee. It is argued that the main interpretative method that both the Committee and the Court use is the principle of effective protection of the right to life in practice. The...
Persistent link: https://www.econbiz.de/10014053943
The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and...
Persistent link: https://www.econbiz.de/10013298338
This article illustrates how the European Court of Human Rights (ECtHR) reversed its jurisprudence on adoption by single homosexual individuals, and describes the consequences of this decision within the French legal system
Persistent link: https://www.econbiz.de/10013221007