Given the current remarkable state of development of international investment law, it is surprising that to date neither the actual nature of the investor’s rights resulting from investment treaties nor the possible consequences which arise for the investor, the states and … [Read more...]
Indirect Effect of International Agreements: Consistent Interpretation and other Forms of Judicial Accommodation of WTO Law by the EU Courts and the US Courts
This Working Paper examines the indirect effect of international treaty law on domestic legal orders. The question whether domestic courts should attribute indirect effect to international treaty law is pursued from a normative perspective as well as from the perspectives of … [Read more...]
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The Politics of Interest in International Law *Please note: This paper will be published in the European Journal of International Law, and will be posted on the EJIL website shortly. [Link forthcoming].
The article examines the substance and form of 20th century positivist international law; in particular the way in which each determines the other. The political and philosophical aspects of the foundations of international law were transformed in a process which developed in the … [Read more...]
Failed Boundaries: The Near-Perfect Correlation Between State-to-State WTO Claims and Private Party Investment Rights
This project examines all WTO filings to determine if a private party could bring an action for damages arising under the same core of operative facts pursuant to a bilateral investment treaty. This article, Part I of the project, reviews all national treatment, most favored … [Read more...]
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The Principle of Reasonableness in Global Administrative Law
In both national civil and common law systems the principle of reasonableness is known as a standard of judicial review for administrative acts. The present paper examines whether also at the European and international level a principle of reasonableness is used as a standard … [Read more...]
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