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...]
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...]
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...]
Processing Data on Racial or Ethnic Origin for Antidiscrimination Policies: How to Reconcile the Promotion of Equality with the Right to Privacy
The fight against discrimination has now become a major concern of the European Community. In this context, one issue has come to the forefront: that of the processing of data related to the forbidden grounds of discrimination, in particular racial or ethnic origin. Indeed, the … [Read more...]
The Coherence of the European Union as an International Actor: Facing the Challenge of Immigration and Asylum
The incoherence into which the European Union falls in particular areas might be conceived as weaknesses, which put into question the very conception of the European Union as a civilian power (or “soft power”) and cast some doubts about the new logic that would … [Read more...]