This paper analyses the potential of the WTO waiver as a legal instrument to reconcile conflicting norms and interests. It is argued that conflicts between WTO law and other international legal regimes are often an expression of underlying interest conflicts and that these should … [Read more...]

In cases 102-103/2008 for the first time the Italian Constitutional Court has referred a question to the Court of Justice under the article 234 EC procedure. The article analyses this decision in light of previous contrary case law and argues that, insofar as supremacy will be … [Read more...]

Balancing is the main method used by a number of constitutional courts around the world to resolve conflicts of fundamentals rights. The European Court of Human Rights is routinely balancing human rights against each other and against conflicting public interests and has elevated … [Read more...]

The European Union, like many other international organizations and governments, committed itself during the 1990s to the “mainstreaming” of gender issues across all policy areas at all stages in the policy process. Nonetheless, more than a decade after the … [Read more...]

This Article evaluates the widely held view that American constitutional rights jurisprudence is exceptional.  Its thesis is that while the conventional wisdom is largely correct about the content of a few specific constitutional rights, it is largely wrong about the more general … [Read more...]