The Rule of Law in the Recent Jurisprudence of the ECJ

There cannot be any doubt that the rule of law is one of the most elementary and important features of the European Union and the process of European integration as a whole. Without denying the nature... Read More

Combatting Economic Sanctions: Investment Disputes in Times of Political Hostility, a Case Study of Iran

Planes to Tehran are no longer only filled with Iranian expatriates, adventurous tourists, or curious journalists. As Jack Straw, former Foreign Secretary of the United Kingdom keenly observed, the planes... Read More

Beyond Self-Judgment: Exceptions Clauses in US BITs

The United States is now negotiating its most important bilateral investment treaty (“BIT”) to date, a BIT with China. In July 2013, the two States made the “[b]reakthrough [a]nnouncement” that... Read More

On the Public-Law Character of Competition Law: A Lesson From Asian Capitalism

This Article argues that competition law is best seen as a form of public law—the law that governs the governing of the state—and not as simply a form of private market regulation. Using the experiences... Read More

On the Public-Law Character of Competition Law: A Lesson From Asian Capitalism

The right way to think about this complex set of issues is not clear, but it is clear that the [present] competitive paradigm cannot be fully appropriate. This Article argues that competition law is best seen as a form of public law—the law that governs the governing of the state—and not as simply a form […]

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The Living-Dead

The principle of discontinuity in the consideration of legislative bills is widely accepted in democratic countries. This principle requires incoming parliaments to begin the work of legislation anew. Bills pending from the previous legislature die due to elections. In contrast, the rule of continuity means that, if a bill passed the first reading in an […]

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Moving Forward the UN Guiding Principles for Business and Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, and the Treaty Law That Might Bind Them All

From its inception, the Guiding Principles for Business and Human Rights (“GPs”) have occupied a contentious and dynamic space. It has become a widely accepted framework for managing the behaviors of business activities that may impact human rights. But it has also become either a gateway or an obstacle in a long battle about the […]

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Making the Case for Antiestablishmentarianism: The Church and State in Norway

This Article questions the compatibility of the establishment of religion with international human rights principles, investigating the Church-State relationship in Norway as a case study. Exploring these issues in the context of a country such as Norway, which is usually perceived to be quite progressive concerning most human rights issues, provides a more thought-provoking environment […]

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How Domestic Courts Use International Law

Judges in virtually every kind of legal system on every continent draw on international legal materials as they explain and rationalize their decisions. Indeed, “international law in domestic courts” has become a thriving subfield overlapping comparative and international law. The articulation of domestic with international law is of primary importance from the international law point […]

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