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...]

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...]

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...]

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...]

In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union – not a fully-fledged federation yet – each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular … [Read more...]