Nature or nurture?: Judicial lawmaking in the European Court of Justice and the Andean Tribunal of Justice
In: International organization, Band 64, Heft 4, S. 563-592
ISSN: 0020-8183
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In: International organization, Band 64, Heft 4, S. 563-592
ISSN: 0020-8183
World Affairs Online
In: International Organization, Band 64, Heft 4
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Working paper
In: N.Y.U Journal of International Law and Politics, Band 41, S. 871
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Working paper
In: American journal of international law, Band 95, Heft 2, S. 438-445
ISSN: 0002-9300
In: American journal of international law: AJIL, Band 93, Heft 1, S. 200-205
ISSN: 2161-7953
Grant v. South-West Trains, Ltd. Case C-249/96. 1998 All England Law Reports (EC) 193.Court of Justice of the European Communities, February 17, 1998.Are employers within the European Community (EC or Community) forbidden from discriminating against their employees on the basis of sexual orientation? More generally, does the prohibition of "discrimination based on sex" contained in Article 119 of the Treaty of Rome and the Community directive requiring equal pay for men and women (Equal Pay Directive) encompass discrimination on the basis of sexual orientation? In Grant v. South-West Trains, Ltd., the European Court of Justice (ECJ) answered both questions in the negative, rejecting a strongly worded recommendation of the Court's Advocate General.
In: American journal of international law: AJIL, Band 117, Heft 4, S. 559-600
ISSN: 2161-7953
AbstractAsset recovery is a fundamental principle of anti-corruption law, without which the financial damage from corruption cannot be repaired. Yet recovering assets is notoriously difficult and time-consuming, and the United Nations Convention Against Corruption provides little technical or institutional support to facilitate such returns. To remedy this, we propose the creation of a transnational asset recovery mechanism that could provide myriad services to states upon request, including gathering and publishing information, providing technical assistance and capacity building, helping to conclude agreements on asset return, and monitoring returned funds. Theoretically, we introduce the concepts of customizability and selectability to explain why a flexible transnational asset recovery mechanism has advantages over more formal international institutions, such as an international anti-corruption court. These benefits include lower financial and political costs, enhanced adaptability, and a greater likelihood of enhancing interstate cooperation regarding asset returns.
In: 117 American Journal of International Law 559 (Oct. 2023)
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In: Southern California Law Review, Band 95
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In: 42(6) European Intellectual Property Review 332-340 (2020)
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In: International Court Authority, Oxford University Press, ISBN: 9780198795582, Forthcoming
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In: Filling the Gaps in Governance: The Case of Europe 127-150 (European University Institute 2016)
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In: 79:1 Law & Contemporary Problems 1-36 (2016).
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In: American journal of international law: AJIL, Band 107, Heft 4, S. 737-779
ISSN: 2161-7953
The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) is an increasingly active and bold adjudicator of human rights. Since acquiring jurisdiction over human rights complaints in 2005, theECOWASCourt has issued numerous decisions condemning human rights violations by the member states of the Economic Community of West African States (Community). Among this Court's path-breaking cases are judgments against Niger for condoning modern forms of slavery and against Nigeria for impeding the right to free basic education for all children. TheECOWASCourt also has broad access and standing rules that permit individuals and nongovernmental organizations (NGOs) to bypass national courts and file suits directly with the Court. Although the Court is generally careful in the proof that it requires of complainants and in the remedies that it demands of governments, it has not shied away from politically courageous decisions, such as rulings against the Gambia for the torture of journalists and against Nigeria for failing to regulate multinational companies that have degraded the environment of the oil-rich Niger Delta.
In: American Journal of Comparative Law, Band 60(3)
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In: American journal of international law, Band 103, Heft 1, S. 1-47
ISSN: 0002-9300
World Affairs Online