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Adjudging the Exceptional at International Law: Security, Public Order and Financial Crisis

December 10, 2014 jmp

This paper examines the impact of international law on the ability of states to mitigate the effects of financial crises.  It focuses on the invocation of investment treaty disciplines in the aftermath of the 2001-2 Argentine financial crisis and the adjudication of … [Read more...]

Courts and Compliance in the European Union: The European Arrest Warrant in National Constitutional Courts

December 10, 2014 jmp

The member states of the European Union have expanded the tools they use to cooperate to combat transnational crime and terrorism. Chief among these is the Framework Decision on the European Arrest Warrant, which requires judicial and police authorities to bypass all national … [Read more...]

Constitutional Adjudication in the World Trade Organization

December 10, 2014 jmp

Although a court, as a judicial organ, usually fulfils its mission by resolving specific disputes brought to it, it occasionally goes beyond this simple dispute-resolving function and more actively engages in building policies which define, and “constitute,” the very … [Read more...]

Reflections on the path from the Constitutional Treaty to the Lisbon Treaty

December 10, 2014 jmp

This paper, which is based on information provided by national reports submitted from 17 member states and one candidate state, reflects on the aftermath of the non-ratification of the Constitutional Treaty (TECE), and more specifically on the particular path chosen by EU … [Read more...]

EU Common Consolidated Corporate Tax Base: Guided Variety versus Strict Uniformity – Lessons from the “U. S. States’ Tax Chaos”

December 10, 2014 jmp

Taxation of business profits is not yet harmonized in the European Union. In its first part this article takes the position that the ongoing tax competition and the growing economic integration calls for a common system of the taxation of EU multinationals. At present the … [Read more...]

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