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...]
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...]
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A Theory of Tax Discrimination
The fundamental freedoms of the EC Treaty prohibit tax discrimination—harsher tax treatment of cross-border economic activities than purely internal activities. Critics of the ECJ argue that the Court’s broad interpretation of the EC freedoms causes it to find tax discrimination … [Read more...]