This article reflects on the place of history in international law and its critique. The turn to history in critical international law scholarship has attracted two broad objections. The first alleges a normative deficit: critical histories of international law are considered to … [Read more...]
Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue – Autonomy or Autarky?
In Opinion 2/13 the CJEU finds a series of flaws in the draft Accession Agreement to the ECHR, which revolve around safeguarding the autonomy of EU law as well as its own jurisdiction. This paper first develops a basic normative framework for assessing the Opinion. That framework … [Read more...]
Public Reason and Constitutional Law
The paper considers the applicability of the concept of public reason (PR), properly reinterpreted and recalibrated, to constitutional law. After the presentation of the general idea of PR as a legitimacy-conferring device, the paper discusses its proper scope (both in terms of … [Read more...]
Is administrative law still relevant? How the battle of sanctions has shaped EU criminal law
Protecting Human Rights Online — An Obligation of Due Diligence
This paper covers the challenge of effective human rights protection online. It argues that international law provides sufficient background to identify the limits of states’ obligations to protect human rights in cyberspace. Referring to the work of the United Nations (UN) Human … [Read more...]
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