European Journal of Migration and Law, Issue 4 2011

European Journal of Migration and Law

• Volume 13, Issue 4, January 2011 

   

  Table of Contents

  The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa
  
      Authors: Bruno Nascimbene; Alessia Di Pascale
      pp. 341–360 (20)
  
  Roma Expulsions and Discrimination: The Elephant in Brussels
  
      Author: Helen O’Nions
      pp. 361–388 (28)

Jale Tosun and Israel Solorio (eds), Energy and Environment in Europe: Assessing a Complex Relationship

New Special Mini-Issue in European Integration online Papers (EIoP):

Energy and Environment in Europe: Assessing a Complex Relationship

Editors: Jale Tosun and Israel Solorio

Now available online at: http://www.eiop.or.at/eiop/index.php/eiop/issue/current

Understanding Lifestyle Regulation - Davos, February 23-24, 2012‏

"Dear colleague,
 
I take the liberty to invite you to a 2-day training devoted to
'Lifestyle Regulation' that I organise together with the Global Risk
Forum and the European Journal of Risk Regulation in Davos, Switzerland,
on February 23-24, 2012.
 
The objective of this event is to gather researchers, policymakers,
industry representatives, and academics to discuss the moral, political
and legal issues surrounding the ongoing debate about regulatory action
on lifestyle risk factors, such as unhealthy diets, harmful use of
alcohol, use of tobacco and lack of physical exercise.

Oñati Socio-Legal Series, Vol. 1, No. 4, 2011

Vol 1, No 4 (2011)

Socio-Legal Aspects of Adjudication of International Economic Disputes

Table of Contents

Workshop Papers

Comparing WTO Panelists and ICSID Arbitrators: the Creation of International Legal Fields

Jose Augusto Fontoura Costa

Reform at the top: What's next for the WTO? A second life? A socio-political analysis           

Daniel Drache

From the Green Room to the Court Room (And Back): Judicial Clarification of Ambiguity in WTO Law and the Effects on Subsequent Negotiations         

James Flett      

Contributions and Limitations of Empirical Research on Independence and Impartiality in International Investment Arbitration            

Gus Van Harten          

Corporations and the Uses of Law: International Investment Arbitration as a “Multilateral Legal Order"          

Peter Muchlinski         

Legitimacy and Reflexivity in International Investment Arbitration: A New Self-Restraint?       

David Schneiderman   

Socio-Legal Perspectives on the Adjudication of Cultural Diversity Disputes in International Economic Law   

Valentina Sara Vadi    

Transplanting the European Court of Justice: The Experience of the Andean Tribunal of Justice          

Karen J. Alter, Laurence R. Helfer, Osvaldo Saldías   

Interpretation and Institutional Choice at the WTO      

Gregory Shaffer, Joel Trachtman

Full text available here: http://opo.iisj.net/index.php/osls/issue/view/7

Nollkaemper on International Legal Pluralism

Inside or Out: Two Types of International Legal Pluralism

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law



NORMATIVE PLURALISM AND INTERNATIONAL LAW: EXPLORING GLOBAL GOVERNANCE, Jan Klabbers, Touko Piiparinen, eds., Forthcoming
Amsterdam Law School Research Paper No. 2011-48
Amsterdam Center for International Law No. 2011-15

Abstract:     
In this article I explore the distinction and relationship between two types of international legal pluralism. Internal pluralism construes a pluralism that is internal to the international legal order. External pluralism contests any hierarchical claim of international law and thus is external to the international order.

The central argument of the article is that the two types of pluralism, in a somewhat paradoxical way, depend on each other. While the international legal order needs its hierarchical claim to supremacy in order to provide the stability and legal certainty to serve the essential interests of states, communities, and individuals, the legitimacy of its claim to supremacy relies on the inspiration, diversity and politics that are articulated in the paradigm of external pluralism. In turn, the paradigm of external pluralism seems difficult to reconcile with the interests of stability of the international legal system, and yet it relies at least in part on that system since its primarily political project cannot provide stability at the international level.

Number of Pages in PDF File: 63

Keywords: international law, pluralism, supremacy, european union 

 

Full text available at:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1967032

Bobek on Procedural Autonomy of Member States

Why There is no Principle of 'Procedural Autonomy' of the Member States

Michal Bobek

University of Oxford, Institute of European and Comparative Law

THE EUROPEAN COURT OF JUSTICE AND AUTONOMY OF THE MEMBER STATES, pp. 305 - 322, B. de Witte & H. Micklitz, eds., Intersentia, 2011

Abstract:     
The article offers a critical look at the dual requirement of equivalence and effectiveness and at the notion of "procedural autonomy" of the Member States in the area of procedures and remedies for the enforcement of EU law based rights before the Member States' courts. The first part of this article (points 2, 3 and 4) gives a short introduction into the case law and into some doctrinal visions concerning the requirements of equivalence and effectiveness. The second part of the article (points 5 and 6) critically examines these requirements, arguing that their simultaneous use is illogical, unpredictable and misleading and that it should be reconsidered. Finally, it is explained why, in the current state of EU law, there is no such principle as "procedural autonomy" of the Member States in the area of enforcement of EU law based rights on the national level.

Number of Pages in PDF File: 14

Keywords: Enforcement of EU in the Member States, Procedural Autonomy, Equivalence, Effectiveness

Accepted Paper Series 

 

Full text available at:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1614922

Weiler on the Euro-crisis (in Spanish)

Today Prof. Weiler published a short article in El Pais on the euro-crisis:


http://www.elpais.com/articulo/opinion/Union/menospreciada/lideres/elpepiopi/20111201elpepiopi_5/Tes