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Working Papers

The constitutional legitimation of authoritarian regimes : a comparative analysis of apartheid South Africa and communist Hungary

Author: FOURNIER, Théo
Year: 2020
Abstract: This paper studies the use of constitutional legitimation strategies in authoritarian regimes. The introduction analyses constitutional democracy…
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International settlement of trade and investment disputes over Chinese 'silk road projects' inside the European Union

Author: PETERSMANN, Ernst-Ulrich
Year: 2020
Abstract: China's Belt and Road Initiative (BRI) and promotion of BRI investments in more than 60 countries along the ancient territorial and maritime 'Silk…
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German and European ordo-liberalism and constitutionalism in the post-war development of international economic law

Author: PETERSMANN, Ernst-Ulrich
Year: 2020
Abstract: This contribution discusses the regulatory approaches of German-speaking countries to the design of European and international economic law since…
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Creating a legislative level playing field in business and human rights at the European level : is the French duty of vigilance law the way forward?

Author: BRIGHT, Claire
Year: 2020
Abstract: In recent years, the field of business and human rights has witnessed a shift from soft law to hard law, which has been taking place as a number of…
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Illiberalism in East-Central Europe

Author: HALMAI, Gábor
Year: 2019
Abstract: In the paper I try to answer the question, whether there is a genuine constitutional theory of ‘illiberal constitutionalism,’ recently advocated in…
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Can invocation of human rights enhance justice and social legitimacy in investment adjudication?

Author: PETERSMANN, Ernst-Ulrich
Year: 2019
Abstract: Justice, the customary law rules on treaty interpretation, and the universal recognition of human rights require construing international investment…
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European law from the perspective of societal constitutionalism

Author: BAQUERO, Pablo Marcello
Year: 2019
Abstract: This paper proposes that societal constitutionalism, as elaborated by Gunther Teubner, provides a potential legal approach to understand the…
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Same-sex spouses in the EU after Coman : more free movement, but what about marriage?

Authors: KOCHENOV, Dimitry; BELAVUSAU, Uladzislau
Year: 2019
Abstract: This paper provides a detailed critical analysis of the case of Coman, where the Court of Justice clarified that the meaning of the term ‘spouse’ in…
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