The widespread possibility to submit amicus curiae briefs in international courts and tribunals is a recent phenomenon. The first purpose of this paper is to verify the alleged Roman origins of amicus curiae, and to trace the emergence of its use in international law. The second … [Read more...]
Rethinking Europe’s “Rule of Law” and Enlargement Agenda: The Fundamental Dilemma
This paper sets out a strategy calling for a radical overhaul of the manner in which both the EU and aspiring member states define and implement what the Copenhagen criteria refer to as the “Rule of Law” in pursuit of the elusive goal of sustainability. While pointing … [Read more...]
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The External Effects of National ECHR Judgments
In their jurisprudence on the rights flowing from the European Convention on Human Rights (ECHR), national courts in Europe define their relationship with the Convention system and its authoritative arbiter, the European Court of Human Rights at Strasbourg. This is, however, more … [Read more...]
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Balancing the Scales: The World Bank Sanctions Process and Access to Remedies
The evolution over the years of the mandates and missions of international organizations has reached an important milestone with the emergence and multiplication in the last decade of procedures and mechanisms having a direct impact over individuals and companies. This has gone … [Read more...]
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Courts as Comparatists: References to Foreign Law in the case-law of the Polish Constitutional Court
This paper presents results of an empirical study of over 160 judgments in which the Polish Constitutional Court (‘PCC’) referred to foreign law. It reveals the scale of comparatist activity and draws conclusions in relation specifically to countries in transition. Because of the … [Read more...]
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