Search result: 9 articles

x
Year 2011 x
Article

Investor Protection v. State Regulatory Discretion

Definitions of Expropriation and Shrinking Regulatory Competence

Journal European Journal of Law Reform, Issue 1 2011
Keywords regulatory freeze, expropriation, investor protection, economic governance, environmental protection
Authors Ioannis Glinavos
AbstractAuthor's information

    The purpose of this paper is to offer support to the idea that the contemporary international legal framework offers opportunities to investors to challenge and control government action via what has been described as a ‘regulatory freeze’. This regulatory freeze is the consequence of government reluctance to legislate/regulate in areas where claims of expropriation may be brought. The paper presents evidence from investment-treaty dispute resolution mechanisms, national and supranational judicial processes from both sides of the Atlantic. The paper concludes by suggesting that the potential for expanded definitions of expropriation is having a greater impact than actual case outcomes, as states seek to preempt any adverse developments by shying away from regulations that may provide fertile grounds for challenge. This effect is significant, as it is contrary to expectations of greater state involvement in economic management bred by the financial crisis.


Ioannis Glinavos
Dr. Ioannis Glinavos is Lecturer in Law at the University of Reading, School of Law, i.glinavos@reading.ac.uk.
Article

In the Judicial Steps of Bolívar and Morazán?

Supranational Court Conversations Between Europe and Latin America

Journal European Journal of Law Reform, Issue 1 2011
Keywords courts, dialogue, integration, regionalism, case-law
Authors Allan F. Tatham
AbstractAuthor's information

    This paper explores the issues of judicial dialogue and constitutional migrations between the European Court of Justice (‘ECJ’) and Latin American regional courts. It considers the impact of the ECJ’s ‘constitutional’ case-law regarding supremacy and direct effect on the decisions of the Central American Court of Justice (‘CCJ’) and the Court of Justice of the Andean Community (‘ACCJ’). The study proceeds from a brief exposition of the legal aspects of the EU model of integration, before moving to identify the main factors which led to the selection of Latin American courts and to outline the background to integration in the two sub-regions. In addressing the CCJ and ACCJ, a short history and sketch of their jurisdiction is given before examining the impact of the migration of the integrationist activism of the ECJ on these regional judicial institutions.


Allan F. Tatham
Péter Pázmány Catholic University, Budapest, Hungary. The usual disclaimer applies.
Article

Comparative Aspects on Constitutions

Theory and Practice

Journal European Journal of Law Reform, Issue 1 2011
Keywords Constitutions, EU legal order, EU member states, EU enlargement
Authors Alfred E. Kellermann
AbstractAuthor's information

    This paper will investigate for the influence of international legal developments on the drafting and implementation of constitutions, especially the impact of the European Union on the texts of the national constitutions of the EU Member States and its acceding countries.
    We will look also at:

    1. the influence of history (EU Enlargement) and tradition in the drafting and implementation of constitutions;

    2. assessment (especially in the case of the Netherlands) of whether constitutional texts actually serve to achieve the practical implementation of expressed purposes.


Alfred E. Kellermann
Senior Legal and Policy Advisor, Visiting Professor in the Law of the EU, T.M.C. Asser Institute, The Hague.
Article

The European Law from Grundnorm towards the Cathedral

Constitutional Features of a Complex Legal System

Journal European Journal of Law Reform, Issue 1 2011
Keywords economic analysis of legal remedies, state liability for breach of the EU law, judicial dialogue in the EU, self-referring legal rules, efficiency of the EU law
Authors Mariusz Jerzy Golecki
AbstractAuthor's information

    Many hopes of the adherents of constitutional reform in the EU remained in vain after the enactment of the Lisbon Treaty. Meanwhile the creeping constitutionalisation of the EU law leads to the empowerment of the UE quasi constitutional court – the Court of Justice of the European Union. This kind of constitutionalism is albeit firmly grounded on judicial cross-border cooperation. The main purpose of this paper is to address the question of whether and how the concept of judicial control based on transactional framework developed in law and economics could effectively supplement if not substitute the notion of constitutional democratic legitimacy. In order to demonstrate that it is logically possible and institutionally feasible to build a system based on circularity, self-referentiality and privatization of legal remedies, the paper contains the economic analysis of the recent development of the EU law which at least partially takes this direction.


Mariusz Jerzy Golecki
PhD, LL.M. Cantab. Associate Professor, University of Łódź (Poland).
Article

Legislative Drafting and Human Rights

The Example of the European Arrest Warrant

Journal European Journal of Law Reform, Issue 2 2011
Keywords rule of law, drafting EU legislation, Framework Decision 2002/584 on the European Arrest Warrant
Authors William Robinson
AbstractAuthor's information

    This article considers some of the requirements for good laws, focusing in particular on the drafters’ perspective. It looks first in general terms at the requirements forming part of the rule of law that laws be accessible and predictable. It then examines the drafting of laws in the European Union: how it is done; the concern to make EU laws accessible; and specific features of EU legislative drafting rules and practices, illustrated by reference to Framework Decision 2002/584.


William Robinson
Sir William Dale Visiting Fellow, Institute of Advanced Legal Studies, London.
Showing all 9 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.