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Working Papers

Rule-of-law in international trade and investments? : between multilevel arbitration, adjudication and 'judicial overreach'

Author: PETERSMANN, Ernst-Ulrich
Year: 2020
Abstract: Arbitration and adjudication aim at protecting rule-of-law, which was a life-long concern for Prof. Giorgio Bernini. The United Nations (UN) have…

The law of contracts in the age of the coronavirus pandemic : is the statutory risk allocation pursuant to the Swiss Code of Obligations still adequate?

Author: JENTSCH, Valentin
Year: 2020
Abstract: Pacta sunt servanda – agreements must be kept. This general principle of civil law requires that both or all parties to commercial contracts are…

Models of demoicracy : some preliminary thoughts

Author: SCHUTZE, Robert
Year: 2020
Abstract: What does the neologism demoicracy mean? If democracy is the “government” of the “people”, can there be a government of peoples? Are international…

A data-driven approach to copyright in the age of online platforms

Author: MAZZIOTTI, Giuseppe
Year: 2020
Abstract: Copyright is an area of law where the need to ensure remuneration of creative labour has traditionally been addressed with the progressive…

Lost in transition? : freedom of contract in Poland and the Central European experience

Author: GROCHOWSKI, Mateusz Fabian
Year: 2020
Abstract: The present foundations of contract law in Central Europe developed in a compound way, under a constant “center” – “peripheries” tension. In the 20th…

A new external equilibrium : revisiting the 'transformation of Europe' under the principle of the autonomy of the European Union

Author: DE ABREU DUARTE, Francisco Miguel
Year: 2020
Abstract: This short paper puts forth the idea of a “new external equilibrium” between the different actors of the European Union and proposes to revisit the…

Ten lessons from 'institutional economics' for designing multilateral trade and investment institutions

Author: PETERSMANN, Ernst-Ulrich
Year: 2020
Abstract: Why were procedural and substantive trade rules – but not investment agreements – transformed into multilateral treaties following World War II? Why…

WTO [email protected] : are global public goods like the world trade organization owned by governments or by peoples and citizens?

Author: PETERSMANN, Ernst-Ulrich
Year: 2020
Abstract: As the most frequent and most successful user of the dispute settlement system of the World Trade Organization (WTO), the USA has welcomed judicial…
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