This paper questions to what extent European citizenship matters for the status and rights of third country nationals (TCNs) in the EU, and how the underlying rationales of European citizenship may contribute to a rethinking of the rules of engagement and cooperation in the … [Read more...]
Globalization, Private Law and New Legal Pluralism
Legal pluralism has gained ground as a framework for lawmaking in transnational private law in times of globalization. Yet, its descriptive and normative underpinnings are underexplored. Why would it offer a better framework than state-centric, positivist views which have served … [Read more...]
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A Path-Dependent Deadlock: Institutional Causes of the Euro Crisis
We argue that the characterization of the financial turmoil in the European Monetary Union as merely a sovereign debt crisis is inaccurate insofar as the deterioration of public finances represents the culmination of a process: legal and institutional flaws laid the ground for a … [Read more...]
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Evidentiary Challenges for Public Health Regulation in International Trade and Investment Law
Recent challenges to public health regulation such as Indonesia’s challenge to the United States’ tobacco flavouring ban in the World Trade Organization (‘WTO’), and the WTO and investment treaty challenges to Australia’s plain tobacco packaging scheme, have raised common … [Read more...]
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Biting Intergovernmentalism: The Case for the Reinvention of Article 259 TFEU to Make It a Viable Rule of Law Enforcement Tool
Abstract In this largely instrumental thought experiment I make the case for exploring the potential of Article 259 TFEU, allowing for direct actions brought by the Member States of the European Union against other Member States in the context of the enforcement of the Rule of … [Read more...]
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