I first examine new governance as the compound of multilevel and network governance. I structure its main claims around the principles of partnership and flexibility, which serve to demote the notions of stateness, publicity, legalism, and hierarchy. I use the Open Method of … [Read more...]
A Theory of WTO Law
The creation of the World Trade Organization in 1994 with its streamlined and highly automatic system of dispute settlement has left open the question of whether we can identify a theory of its legal system. This article posits the idea that such a theory can be discerned if we … [Read more...]
The Monitoring of the Application of Community Law: The Need to Improve the Current Tools and an Obligation to Innovate
This paper aims to make a state of play of the monitoring of the application of Community law. Indeed, despite numerous Treaty reforms and several enlargements, this control is still governed by the same principles. First, I have tried to analyse the different mechanisms to … [Read more...]
Interpreting “Interconnection”: Hermeneutics of the WTO Mexico-Telecommunications Case
This paper discusses the hermeneutics of the first GATS panel report, Mexico- Telecommunications Case (DS204), with particular reference to its interpretation of the meaning of the word “interconnection” in the Telecommunications Reference Paper. Having noted that the … [Read more...]
The Process and Side-Effects of Harmonisation of European Welfare States
This paper describes the ways in which EU law forces Member States to reorganise their welfare states, focussing on the effects of free movement and competition principles on health care, education, and social insurance. It then considers the consequences of such reorganisations … [Read more...]