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Focusing on the expanding realm of international adjudication, this paper approaches justice from the domain of the empirical and shows - through a careful, interview-based case-study analysis in the WTO-EU context - that justice in the transnational context is not only a contested concept, but...
Persistent link: https://www.econbiz.de/10011372107
Abstract Like any other adjudicative body, the Court of Justice of the European Union (CJEU) is an essentially reactive institution: it cannot create disputes on its own motion, but it needs to be ‘mobilized’. This simple observation leads us to a question of central importance in the field...
Persistent link: https://www.econbiz.de/10014615400
Over the past few decades, international courts and tribunals have once more risen to prominence: their number has grown and their case-load increased significantly, to the point where we are said to live in an ‘era of adjudication’. At the same time, the functions and mandates of courts...
Persistent link: https://www.econbiz.de/10012172043
Focusing on the expanding realm of international adjudication, this paper approaches justice from the domain of the empirical and shows - through a careful, interview-based case-study analysis in the WTO-EU context - that justice in the transnational context is not only a contested concept, but...
Persistent link: https://www.econbiz.de/10011373898
Persistent link: https://www.econbiz.de/10014383888
This paper analyzes how international rules are established and stabilized, i.e. how an international institutional order develops. Rules emerge mainly through learning from negative experience and serve to reduce transaction costs. The paper looks at mechanisms that stabilize rule systems, at...
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