The recent enlargement of the European Union (EU) to 10 states, occurred on 1 May 2004, has been surrounded – both in academic and political circles – by two contrasting discourses. The first, prior to enlargement, foresaw dramatic consequences had the expansion not been … [Read more...]
The “Necessary” Connection Between the Duty to Negotiate and Least Restrictive Measures Analysis: The Gambling Dispute Reconsidered
This article evaluates two potential interpretations of the duty to negotiate as it was addressed in the Appellate Body’s Gambling opinion, and considers whether either interpretation is reconcilable with the Appellate Body’s holdings in Turtle-Shrimp andGasoline. … [Read more...]
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In the Shadow of the Constitution: Common Foreign and Security Policy/European Security and Defence Policy Adapting to a Changing External Environment
The European Security and Defence Policy (ESDP) is understood as an important new "instrument" in the EU's Common Foreign and Security Policy (CFSP) "toolbox", designed to respond to the contemporary security environment as well as to overcome the inaction and … [Read more...]
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Securing the Rule of Law through Interpretive Pluralism: An Argument from Comparative Law
As the distinction between interpretation and politics diminishes, the need for pluralism in interpretation increases. The Article argues, first, that the rule of law requires that no one tribunal possess the power to subordinate a whole legal system to its politicized rule. The … [Read more...]
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Internet Regulation: A Hard-Law Proposal
This paper aims to analyze Internet regulation as a case-study of International Soft-law. Further, it posits the idea that a different approach in this realm is possible under the spotlight of the Common Heritage of Mankind (CHM). In the first part of the paper, the study … [Read more...]