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Full-Text Articles in Law
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
The Quest For A New Generation Of Labor Chapter In The Ttip, Michele Faioli
Michele Faioli
The TTIP (Transatlantic Trade and Investment Partnership Agreement) may be key for the EU-US forthcoming vision of labor and industrial relations. More in general, it may be key for idea of a possible common Western labor legal system. The TTIP may be turned into a occasion to ground a new generation of labor chapters in investment/partnership treaties. In line with preliminary outputs, a practical proposal is introduced. This essay is also aimed at analyzing, under a critical legal approach, why, to what extent and how the TTIP labor chapter may be set up. By means of a de-constructive method in …
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
Emanuela A. Matei
The unlawfulness of the intra-EU BITs, the experiences of the new Member States unremittingly involved in investor-to state disputes and the tumultuous debates during the T-TIP negotiations are first and foremost examined from a legal perspective underlining the clash between a system designed for preferential treatment and the EU legal order based on the prohibition of discrimination. The ISDS clause represents an attribute of procedural inequality, which is furthermore convoluted by the constitutional structure of the Union i.e. the strictly limited access of private persons to supranational courts. This article enlarges the scope of the review of incompatibility by placing …
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Emanuela A. Matei
Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …