Cultural phenomena are governed at national, regional and international levels; and a multiplicity of courts and tribunals adjudicate disputes with cultural elements. Against this background, this study addresses the key question as to whether a lex administrativa culturalis or … [Read more...]

Authority is not of one kind, and authoritative directives may have different effects on the practical reasoning of their addressees. In this regard, we can distinguish between two types of authority—epistemic and decisionist. Although both are used to influence people’s … [Read more...]

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...]