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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 …
Access To Competition File As A Precondition Of Access To Justice - A Dialectical Approach To Justice And Effective Competition, Emanuela A. Matei
Access To Competition File As A Precondition Of Access To Justice - A Dialectical Approach To Justice And Effective Competition, Emanuela A. Matei
Emanuela A. Matei
This paper comes as a result of a couple of months of research in the field of private enforcement of competition law and after writing a series of articles in e-Competitions under Kluwer Law International dealing with the most recent case law. The occurrence of global cartels is not an unusual state in a globalized world. Despite this reality, the Union law provides quite blunt instruments to deal with the case of civil damages for cartel infringements. The use of the legal dogmatic method should be enhanced to a level of deeper dialectical analysis in order to reveal more aspects …