Many critics of the proportionality principle argue that balancing is an instrument of judicial self-empowerment. This contribution challenges this critique. It argues that the relationship between balancing and judicial power is reverse. Balancing does not create judicial power; … [Read more...]

Until now, the trade and environment interdependence in multi-level-governance settings has been mostly addressed through a transfer of old concepts, bound to a central nation state, onto other levels of governance, framing the trade and environment debate as a solely horizontal … [Read more...]

As the ongoing court battle between the Republic of Argentina and NML Capital, Ltd. illustrates, the meaning of pari passu in sovereign debt contracts remains highly contested. This article presents what might be the clearest historical evidence of what the pari passu clause was … [Read more...]

One of the fundamental contributions of the movement of Global Administrative Law  is the affirmation that the latter constitutes “a battlefield, a place and an instrument of conflict in itself, resulting from the moves of different players, who coordinate through … [Read more...]

Partnerships between international organizations serve a practical function in coordinating institutional actions and supporting mutually shared objectives. However, international law has thus far struggled to address key issues that arise in such scenarios, particularly in the … [Read more...]