While the debate about the needs and merits of cryptocurrency regulation is ongoing, the unprecedented price hikes of cryptocurrencies towards the end of 2017 triggered a somewhat unexpected sort of regulation in the form of public statements by governments and financial supervisors. It kicked...

This paper challenges the thesis that there is an increasing privatization in global governance and that private and public forms of global governance are often equivalent and even indistinguishable. Instead, it is argued that public forms of global governance may serve as a role model for...

The OECD Programme for International Student Assessment (PISA) is probably the most prominent signpost for the internationalization of educational policy. The PISA reports on the performance of secondary school students have become an important factor for educational policy-making in the...

The dominant understanding of the role of human rights in the context of austerity induced by sovereign debt crises has shifted markedly over time. It reflects, and may have influenced, the genealogies of human rights law in the postwar era. Four different paradigms emerge. During the 1970s, the...

The thesis of this paper is a very simple one. Mozambique should not repay the loans which three of its state-owned enterprises took out in 2013-2014 in the context of a gigantic scheme of corruption. I will provide two types of reasons for this conclusion. The first type is rather legal and...

This paper sets out the social rights obligations of both public financial institutions like the World Bank and the IMF, and of private financial institutions like banks. Moving beyond doctrinal analysis, it traces how the World Bank and the IMF have in practice over time considerably improved...

Constitutional pluralism arises in situations where different legal orders claim the ultimate say. Some argue that where different legal orders claim supremacy, logic requires one of them to prevail and the others to succumb. This chapter argues that this is a fallacy. In the current postmodern...

Foreign investment is perceived as one of the most significant factors for development and it is no accident that a key criterion for determining that an activity qualifies as an investment under the ICSID Convention is whether it contributes to the economic or other development of the host...

The paper analyzes conflicts between investment law and other fields of financial regulation, namely sovereign debt, bank regulation, and monetary law. While international (and domestic) economic law had long been based on the theory of functional separation according to which each segment of...