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Articles 1 - 6 of 6
Full-Text Articles in International Law
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling
Theodor JR Schilling
Invoking State immunity in court proceedings is a way for a State to prevent judicial scrutiny of its responsibility for its actions. Such scrutiny, however, is the main raison d'être at least of those human rights regimes that provide for a supervision of States' compliance with human rights. It would therefore come as no surprise if human rights jurisprudence, especially the jurisprudence of the European Court of Human Rights would prove to be a challenge to State immunity. However, it is not, or, at most, in a roundabout way.
Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos
Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos
Michael Diathesopoulos
In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …
Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos
Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos
Michael Diathesopoulos
The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
Michael Diathesopoulos
This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …
The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling
The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling
Theodor JR Schilling
This article will first try to develop a strictly positivist view of the relationship between the Community and Member State legal systems. Starting from the assumption that the Community legal system is based on a revolution by the Court of Justice it will claim that this revolution does not (yet) apply to the Member State legal systems. In doing so, it will distinguish between an external, pluralistic, and an internal, monistic view of the systems in question. Taking the external point of view, this article will deny that there is, in our day, a single unified system comprising both the …
Treaty And Constitution. A Comparative Analysis Of An Uneasy Relationship, Theodor Jr Schilling
Treaty And Constitution. A Comparative Analysis Of An Uneasy Relationship, Theodor Jr Schilling
Theodor JR Schilling
Constitutions may be reversed by revolution. Treaty-constitutions may also be terminated by mutual consent of the contracting parties. A secession and a unilateral denunciation are, as a rule, not permissible under international law but will be recognized if effective. The only possibility to prevent a secession is to take away the social substratum of a secession i.e. to merge the peoples of the state from which the secession would take place. Such a merger allows the people, as constituent power, to adopt the treaty-constitution as its own. Such an adoption may be made in the forms of the creation of …