Rights Adjudication and Constitutional Pluralism in Germany and Europe
In: Journal of European Public Policy, Band 19, Heft 1, S. 92-108
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In: Journal of European Public Policy, Band 19, Heft 1, S. 92-108
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In: Journal of Global Constitutionalism, 1 (1) (2012): 53-90.
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In: OXFORD HANDBOOK OF COMPARATIVE CONSTITUTIONAL LAW, Oxford University Press, Forthcoming
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Working paper
In: Law & ethics of human rights, Band 4, Heft 1, S. 48-76
ISSN: 1938-2545
The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic "Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID) is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.
In: Revue Trimestrielle des Droits de l'Homme, Band 80, S. 923-944
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In: Journal of European Public Policy, Band 13, S. 627-46
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In: Indiana Journal of Global Legal Studies, Band 16, S. 621-45
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In: Living Reviews in EU Governance, 2010
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Working paper
In: Law and Ethics of Human Rights, Band 4, Heft 1, S. 47-76
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In: Comparative Political Studies, Band 31, S. 147-84
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In: The German Law Journal, Band 8, S. 947-54
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In: Living reviews in European governance: LREG, Band 5
ISSN: 1813-856X
In: American Journal of Sociology, Band 107, S. 1206
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Working paper
In: West European Politics, Vol, 25, No. 1, 2002
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