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Failed Boundaries:  The Near-Perfect Correlation Between State-to-State WTO Claims and Private Party Investment Rights

December 9, 2014 jmp

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...]

The Principle of Reasonableness in Global Administrative Law

December 9, 2014 jmp

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...]

Conflicts in Administrative Law: Struggles, Games and Negotiations Between Political, Institutional and Economic Actors

December 9, 2014 jmp

Administrative law solves conflicts. But, at the same time, it’s a battlefield. Principles and values do exist. And judicial review plays an important role in crafting and enforcing them. Nonetheless, a significant part of administrative law is in the hands of multiple … [Read more...]

Reservations to Human Rights Treaties:           From Draft Guideline 3.1.12 to Guideline 3.1.5.6.

December 9, 2014 jmp

This article addresses the issue of reservations to human rights treaties in the light of the work done by the International Law Commission and its Special Rapporteur, Mr Alain Pellet. Part 1 gives a short historical background for the topic. Part 2 provides a concise overview of … [Read more...]

Institutional aspects of the Guide to Practice on Reservations

December 9, 2014 jmp

The aim of the Guide to Practice on Reservations to Treaties is to assist practitioners of international law, who are often faced with sensitive problems concerning, in particular, the validity and effects of reservations to treaties, and interpretative declarations.  The chief … [Read more...]

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