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Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald
Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald
University of Miami International and Comparative Law Review
No abstract provided.
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Northwestern Journal of International Law & Business
This issue is devoted to the publication of papers presented at the 1996 annual conference of the International Economic Law Group of the American Society of International Law. This conference presented an opportunity for scholars from different countries and backgrounds, with expertise in different types of international eco- nomic integration, to assemble and compare notes. The articles in this issue represent the results of their research and discussion.
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
Northwestern Journal of International Law & Business
Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This "splendid isolation" is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While …
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Northwestern Journal of International Law & Business
Peaceful cooperation among individuals and among states has be- come a globally recognized policy objective. The worldwide trend to- wards deregulation, market economies, protection of human rights and democracies reflects an increasing recognition that individual freedom, non-discrimination and rule of law are the best conditions for promoting individual and collective self-determination and social welfare. But in contrast to the long-standing constitutional theories for national democracies, there is a troubling paucity of theory on how to achieve a peaceful international order based on worldwide liberal rules. During the first half of the 20th century, government policies in international relations continued to …
Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer
Northwestern Journal of International Law & Business
The term constitutionalism is increasingly discussed in the context of international trade agreements. A prominent example is Professor Petersmann's writings on the constitutional functions that trade agree- ments could serve by limiting governmental discretion to take welfare- reducing protectionist measures against the long-term interests of a nation and contrary to individual economic liberty.' The absence of such protectionist constraints and foreign trade rights in domestic con- stitutions can be mitigated (and already is mitigated somewhat) through the development of international trade rules and institutions.