The Logic of Contract in the World of Investment Treaties
The relationship between treaty and contract remains undecided in international investment law. It is an open question which instrument takes priority when their terms diverge. While it is clear that investment treaties apply to contracts in some way, they are silent as to how … [Read more...]
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THE SAFEGUARDS OF PRIVACY FEDERALISM
The conventional wisdom is that neither federal oversight nor fragmentation can save data privacy any more. I argue that in fact federalism promotes privacy protections in the long run. Three arguments support my claim. First, in the data privacy domain, frontrunner states in … [Read more...]
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The Role of the (Member) States Legislatures as Safeguards of Federalism. A US-EU Comparative Perspective.
This paper discusses the positions of the (member) state legislatures in the US and the EU and their contribution as political safeguards of federalism. It takes as a case study the role of the US National Conference of the State Legislators in the monitoring of unfunded federal … [Read more...]
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How and Why International Law Binds International Organizations
For decades, controversy has dogged claims about whether and to what extent international law binds international organizations (IOs) like the United Nations and the International Monetary Fund. The question has important consequences for humanitarian law, economic rights, and … [Read more...]
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