Ernst-Ulrich Petersmann

European University Institute - Department of Law (LAW)

Emeritus Professor

Via Bolognese 156 (Villa Salviati)

50-139 Firenze

Italy

  • European University Institute - Department of Law (LAW)

SCHOLARLY PAPERS

52

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Scholarly Papers (52)

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1.

State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law?

EUI LAW Working Paper No. 2006/45
Number of pages: 36 Posted: 22 Feb 2007
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 1,068 (36,342)
Citation 8

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international economic law, constitutionalism, human rights

2.

Human Rights Law in International Investment Arbitration

Downloads 1,059 (36,786)
Citation 3

Human Rights Law in International Investment Arbitration

AJWH, Vol. 11:1, 2016
Number of pages: 50 Posted: 13 Apr 2016
Vivian Kube and Ernst-Ulrich Petersmann
European University Institute, Department of Law (LAW), Students and European University Institute - Department of Law (LAW)
Downloads 836 (50,428)

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human rights, investment law, investor-state arbitration, judicial comity, legal methodology, principles of justice, treaty interpretation

Human Rights Law in International Investment Arbitration

EUI Department of Law Research Paper No. 2016/02
Number of pages: 37 Posted: 14 Feb 2016
Vivian Kube and Ernst-Ulrich Petersmann
European University Institute, Department of Law (LAW), Students and European University Institute - Department of Law (LAW)
Downloads 223 (235,067)
Citation 6

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Human rights; Investment law; Investor-state arbitration; Judicial comity; Legal methodology

3.

How Should the EU and Other WTO Members React to Their WTO Governance and WTO Appellate Body Crises?

Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2018/71
Number of pages: 23 Posted: 14 Dec 2018
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 518 (94,590)
Citation 3

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Appellate Body; competition rules; governance crisis; ordo-liberalism; WTO

4.

Justice as Conflict Resolution: Proliferation, Fragmentation and Decentralization of Dispute Settlement in International Trade

EUI Working Paper LAW No. 2004/10
Number of pages: 53 Posted: 04 Nov 2005
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 516 (94,997)
Citation 6

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5.

Multi-Level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System

EUI Working Papers LAW No. 2006/44
Number of pages: 29 Posted: 20 Feb 2007
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 405 (126,625)
Citation 1

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WTO, governance, international trade agreements, European law, European Court of Justice

6.

Justice in International Economic Law? From the 'International Law Among States' to 'International Integration Law' and 'Constitutional Law'

European University Institute Working Paper LAW No. 2006/46
Number of pages: 42 Posted: 21 Feb 2007
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 386 (133,793)
Citation 2

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international economic law, European Court of Justice, constitutional law, human rights

7.

Judging Judges: From 'Principal-Agent Theory' to 'Constitutional Justice' in Multilevel 'Judicial Governance' of Economic Cooperation Among Citizens

Society of International Economic Law (SIEL) Inaugural Conference 2008 Paper
Number of pages: 41 Posted: 19 Jun 2008 Last Revised: 23 Dec 2013
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 382 (135,347)

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Intergovernmental Dispute, WTO, Dispute Settlement Panel, Constitutional Instrument, Constitutional, Solange Method, GATT, Multilevel Cooperation, Westphalian Reasoning, Judicial Accountability, Judicialization

8.

Human Rights and International Economic Law: Common Constitutional Challenges and Changing Structures

EUI Working Papers No. LAW 2012/07
Number of pages: 30 Posted: 29 May 2012
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 325 (161,307)

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human rights, international economic law, constitutional pluralism

9.

Why Rational Choice Theory Requires a Multilevel Constitutional Approach to International Economic Law - The Case for Reforming the WTO's Enforcement Mechanism

U. of St. Gallen Law & Economics Working Paper No. 2007-19, University of Illinois Law Review, 2008
Number of pages: 24 Posted: 18 Jul 2007
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 279 (189,129)

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10.

The WTO Legal and Dispute Settlement Systems in Times of Global Governance Crises

Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020-28, In: Cheng-Chia Jui (ed.), A New Global Economic Order (Brill Publisher 2021) (Forthcoming)
Number of pages: 29 Posted: 23 Jul 2020 Last Revised: 01 Aug 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 264 (200,021)
Citation 1

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Appellate Body, neo-liberalism, ordo-liberalism, World Trade Organization

11.

The Future of International Economic Law: A Research Agenda

EUI Working Papers LAW No. 2010/06
Number of pages: 40 Posted: 28 Oct 2010
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 259 (203,899)

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conflicts law, constitutional law, international economic law, global administrative law

12.

How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes

Downloads 256 (206,252)
Citation 1

How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes

Asian Journal of WTO & International Health Law and Policy, Vol. 10:27
Number of pages: 52 Posted: 29 Apr 2015
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 183 (281,875)

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fragmentation, health law, human rights, investment law, justice, legal interpretation methods, tobacco control, trade law, World Health Organization (WHO), World Trade Organization (WTO)

How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes

EUI Department of Law Research Paper No. LAW 2015/01
Number of pages: 39 Posted: 26 Feb 2015
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 73 (555,780)
Citation 2

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fragmentation; health law; human rights; investment law; justice; legal interpretation methods; tobacco control; trade law; WHO; WTO

13.

Multilevel Judicial Governance between Global and Regional Economic Integration Systems: Institutional and Substantive Aspects

European University Institute Max Weber Programme Working Paper No. 2009/41
Number of pages: 75 Posted: 01 Dec 2009
Ramon Marimon, James H. Mathis, Roderick E. Abbott, Ernst-Ulrich Petersmann and Nikos Lavranos
European University Institute, European University Institute, European University Institute, European University Institute - Department of Law (LAW) and European Federation for Investment Law and Arbitration (EFILA)
Downloads 253 (208,589)
Citation 1

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Brazilian Tyres, competing jurisdiction, MERCOSUR, WTO, dispute settlement

14.

The Future of the WTO: From Authoritarian 'Mercantilism' to Multilevel Governance for the Benifit of Citizens?

Asian Journal of WTO & International Health Law and Policy, Vol. 6, No. 1, pp. 45-80, March 2011
Number of pages: 36 Posted: 27 Apr 2011
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 245 (215,299)

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collective action problems, constitutionalism, Doha Round, European economic law, governance failures, multilevel governance, public goods, rule of law, WTO

15.

International Economic Law in the 21st Century: Need for Stronger ‘Democratic Ownership’ and Cosmopolitan Reforms

EUI Working Papers LAW no 2012/17
Number of pages: 37 Posted: 24 Jul 2012
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 239 (220,558)
Citation 1

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international economic law, human rights, democracy, judicial review

16.

Methodological Pluralism and Its Critics in International Economic Law Research

EUI Working Papers LAW no 2012/18
Number of pages: 45 Posted: 24 Jul 2012
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 239 (220,558)

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international economic law, constitutionalism, human rights, justice

17.

The 2018 American and Chinese Trade Wars Risk Undermining the World Trading System and Constitutional Democracies

EUI Department of Law Research Paper No. 2018/17
Number of pages: 37 Posted: 01 Nov 2018
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 227 (231,870)

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European Union; India; Trade wars; USA; WTO

18.

Constitutionalism and the Regulation of International Markets: How to Define the 'Development Objectives' of the World Trading System?

EUI Working Paper LAW No. 2007/23
Number of pages: 43 Posted: 24 Oct 2007
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 226 (232,790)

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WTO, constitutional change, governance

19.

'Constitutional Constructivism' for a Common Law of Humanity? Multilevel Constitutionalism as a 'Gentle Civiliser of Nations'

Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2017-24
Number of pages: 29 Posted: 17 Nov 2017
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 210 (249,422)
Citation 4

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Constitutionalism, Cosmopolitan Rights, Democracy, Multilevel Governance, Public Goods, Public Reason, WTO Law

20.

Global Constitutionalism without Global Democracy (?)

EUI Department of Law Research Paper No. 2016/21
Number of pages: 137 Posted: 08 Dec 2016 Last Revised: 13 Dec 2016
Claudio Corradetti, Giovanni Sartor, Dimitri Van Den Meerssche, Aoife O'Donoghue, Pavlos Eleftheriadis, Maria Adele Carrai and Ernst-Ulrich Petersmann
University of Rome, European University Institute Law Department, European University Institute, Department of Law (LAW), Queen's University Belfast, School of Law, New York University Abu Dhabi, European University Institute and European University Institute - Department of Law (LAW)
Downloads 210 (249,422)

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Cosmopolitanism; Global Constitutionalism; Legitimacy; Sovereignty; Democratic Deficit

21.

Trade and Investment Adjudication Involving ‘Silk Road Projects’: Legal Methodology Challenges

EUI Department of Law Research Paper No. 2018/02
Number of pages: 25 Posted: 09 Feb 2018
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 207 (252,627)
Citation 1

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Adjudication; Alternative Dispute Resolution; Constitutionalism; Legal Methodology; Principles of Justice

22.

When the Sovereign Sleeps: Who Protects Fundamental Rights and Other ‘Public Goods’ in Transatlantic Free Trade Agreements?

European Society of International Law (ESIL) 2016 Annual Conference (Riga)
Number of pages: 32 Posted: 06 Feb 2017
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 200 (260,727)

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Constitutionalism, EU, free trade agreements, fundamental rights, investment arbitration, public goods.

23.

Multilevel Judicial Governance in European and International Economic Law

EUI Working Papers LAW No. 2013/03
Number of pages: 23 Posted: 08 Apr 2013
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 190 (273,000)
Citation 2

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international economic law, judicial governance, European courts, EU law

24.

Judging Judges: Do Judges Meet Their Constitutional Obligation to Settle Disputes in Conformity with 'Principles of Justice and International Law'?

EUI LAW Working Paper No. 2008/01
Number of pages: 34 Posted: 15 Feb 2008
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 189 (274,315)
Citation 1

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courts, international economic law, governance, human rights, European Union

25.

Constitutional Problems of Multilevel Judicial Governance in Trade and Investment Regulation

EUI Working Papers LAW No. 2012/08
Number of pages: 35 Posted: 29 May 2012
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 155 (325,438)

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commercial arbitration, trade and investment law, European Union

26.

Between 'Member-Driven' WTO Governance and 'Constitutional Justice': Judicial Dilemmas in GATT/WTO Dispute Settlement

EUI Department of Law Research Paper No. 2018/04
Number of pages: 25 Posted: 16 Feb 2018
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 149 (336,157)

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Adjudication; Courts of justice; Governance; Judicial functions; Principles of justice

27.

International Settlement of Trade and Investment Disputes Over Chinese ‘Silk Road Projects’ Inside the European Union

EUI Department of Law Research Paper No. 2020/02
Number of pages: 25 Posted: 24 Apr 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 139 (355,217)

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Belt and Road Initiative, China, trade disputes, investment disputes, financial disputes, intellectual property disputes

28.

Neo-Liberal, State-Capitalist and Ordo-Liberal Conceptions of World Trade: The Rise and Fall of the WTO Dispute Settlement System

EUI Department of Law Research Paper No. 2020/16
Number of pages: 35 Posted: 11 Nov 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 121 (394,740)

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Appellate Body; constitutionalism; neo-liberalism; ordo-liberalism; state-capitalism; WTO.

29.

The Establishment of a GATT Office of Legal Affairs and the Limits of ‘Public Reason’ in the GATT/WTO Dispute Settlement System

EUI Working Papers LAW no 2013/10
Number of pages: 31 Posted: 29 Oct 2013
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 118 (401,970)
Citation 6

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GATT, DSU, WTO

30.

German and European Ordo-liberalism and Constitutionalism in the Post-war Development of International Economic Law

EUI Department of Law Research Paper No. 2020/01
Number of pages: 31 Posted: 24 Apr 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 109 (425,936)

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economic constitutionalism, international economic law, law and economics, ordo-liberalism, neoliberalism, EU law, WTO law

31.

Human Rights Require ‘Cosmopolitan Constitutionalism’ and Cosmopolitan Law for Democratic Governance of Public Goods

EUI Working Papers LAW No. 2013/04
Number of pages: 29 Posted: 17 Jul 2013
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 107 (431,608)
Citation 2

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Constitutional pluralism, Cosmopolitan constitutionalism, European Court of Human Rights, European Free Trade Area Court, EU Court of Justice, European law, Human rights

32.

From Integration Through Law to Global Community Law? Between Arbitration, Adjudication and Judicial Overreach

Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020-37, Forthcoming in the Global Community Yearbook of International Law and Jurisprudence 2020 (2021).
Number of pages: 51 Posted: 21 Oct 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 102 (446,598)

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Appellate Body, arbitration, constitutionalism, neo-liberalism, ordo-liberalism, WTO

33.

Constituting, Limiting, Regulating and Justifying Multilevel Governance of Interdependent Public Goods: Methodological Problems of International Economic Law Research

EUI Working Papers LAW No. 2013/08
Number of pages: 59 Posted: 17 Jul 2013
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 100 (452,734)
Citation 2

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Constitutionalism, Cosmopolitanism, G20, Human rights, Justice, Legal methodology, Multilevel constitutionalism, Multilevel governance, Public goods, Multilateral trading system, UN, WTO

34.

International Economic Law in the 21st Century: Need for Stronger 'Democratic Ownership' and Cosmopolitan Reforms

Polish Yearbook of International Law, Vol. 31 (2011), pp. 9-46
Number of pages: 39 Posted: 15 Feb 2013
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 99 (455,682)

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international economic law, human rights, EU, European Union, WTO, justice

35.

Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems

EUI Department of Law Research Paper No. 2018/18
Number of pages: 35 Posted: 01 Nov 2018
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 97 (461,931)

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Constitutionalism; Economic adjudication; Human rights; Investment law; Trade law

36.

The UN Sustainable Development Agenda and Rule of Law: How to Limit Global Governance Failures and Geopolitical Rivalries?

EUI Department of Law Research Paper No. 2021/10
Number of pages: 35 Posted: 11 Jan 2022
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 93 (474,764)

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Climate change, constitutionalism, embedded liberalism, GATT, human rights, rule of law, sustainable development, UN, WTO

37.

Reforming Multilevel Governance of Transnational Public Goods Through Republican Constitutionalism?—Legal Methodology Problems in International Law

Asian Journal of WTO & International Health Law and Policy, Vol. 12, No. 1, pp. 33-73, March 2017
Number of pages: 42 Posted: 07 Apr 2017
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 90 (484,688)
Citation 1

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constitutionalism, cosmopolitanism, international law, legal methodology, multilevel governance, public goods, WHO, WTO

38.

Rule-of-Law in International Trade and Investments? Between Multilevel Arbitration, Adjudication and ‘Judicial Overreach’

EUI Department of Law Research Paper No. 2020/10
Number of pages: 25 Posted: 04 Sep 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 72 (552,936)

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adjudication; constitutionalism; democracy; investor-state arbitration; WTO appellate review

39.

EU Citizenship as a Constitutional Restraint on the EU's Multilevel Governance of Public Goods

EUI Department of Law Research Paper No. 2017/12
Number of pages: 25 Posted: 11 Jan 2018
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 72 (552,936)
Citation 1

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Constitutionalism; EU citizenship; Multilevel governance; Public goods; Republicanism

40.

Ten Lessons from 'Institutional Economics' for Designing Multilateral Trade and Investment Institutions

EUI Department of Law Research Paper No. 2020/05
Number of pages: 37 Posted: 03 Jun 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 67 (574,708)
Citation 1

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Constitutionalism; embedded liberalism; institutional economics; ordo-liberalism; neo-liberalism; WTO

41.

Transforming Trade, Investment and Environmental Law for Sustainable Development?

EUI Department of Law Research Paper No. 2022/02
Number of pages: 25 Posted: 01 Apr 2022
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 64 (588,395)
Citation 1

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Appellate Body, constitutionalism, EU, investment law, public goods, sustainable development, trade law, UN, WTO

42.

Citizens and Transatlantic Free Trade Agreements: How to Reconcile American 'Constitutional Nationalism' with European 'Multilevel Constitutionalism'?

EUI Department of Law Research Paper No. 2016/17
Number of pages: 35 Posted: 25 May 2016
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 56 (628,363)

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Constitutionalism; Cosmopolitanism; Free trade agreements; Fundamental rights; Republicanism

43.

Constitutional Justice and the Perennial Task of 'Constitutionalizing' Law and Society Through 'Participatory Justice'

EUI Working Papers LAW No. 2010/03
Number of pages: 20 Posted: 28 Oct 2010
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 52 (650,091)
Citation 1

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constitutional law, constitutionalization, distributive justice, ECHR, ECJ

44.

Neo-Liberal, State-Capitalist and Ordo-Liberal Conceptions of Multilevel Trade Regulation

Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/74
Number of pages: 34 Posted: 11 Nov 2020
Ernst-Ulrich Petersmann and Armin Steinbach
European University Institute - Department of Law (LAW) and HEC Paris
Downloads 50 (661,285)
Citation 1

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Adjudication; climate litigation; constitutionalism; neo-liberalism; ordo-liberalism; public goods; state-capitalism; WTO

45.

Regulatory competition and plurilateral policy responses in a world without effective global legal restraints

EUI Department of Law Research Paper No. 2022/11
Number of pages: 31 Posted: 09 Dec 2022
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 44 (697,683)

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constitutionalism; EU; human rights; governance failures; market failures; UN; WTO

46.

WTO Adjudication@me.too: Are Global Public Goods Like the World Trade Organization Owned by Governments or By Peoples and Citizens?

EUI Department of Law Research Paper No. 2020/04
Number of pages: 31 Posted: 03 Jun 2020
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 38 (738,071)

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Appellate Body, Constitutionalism, Human Rights, Judicial Remedies, Public Goods, Public Reason, WTO

47.

China and the Future of International Economic Law: European Perspectives on the Way Forward

EUI Department of Law Research Paper No. 2022/13
Number of pages: 24 Posted: 20 Dec 2022
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 29 (806,124)

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constitutionalism; dispute settlement; economic law; environmental law; UN; WTO

48.

Constitutional Pluralism, Regulatory Competition and Transnational Governance Failures

EUI Department of Law Research Paper No. 2023/02
Number of pages: 33 Posted: 05 Sep 2023
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)
Downloads 15 (933,812)

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constitutional pluralism; environmental constitutionalism; governance failures; plurilateral agreements; regulatory competition; UN; WTO

49.

Judging Judges: From ‘Principal-Agent Theory’ to ‘Constitutional Justice’ in Multilevel ‘Judicial Governance’ of Economic Cooperation Among Citizens

Journal of International Economic Law, Vol. 11, Issue 4, pp. 827-884, 2008
Posted: 21 Nov 2008
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)

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50.

Human Rights, International Economic Law and ‘Constitutional Justice’

European Journal of International Law, Vol. 19, Issue 4, pp. 769-798, 2008
Posted: 16 Oct 2008
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)

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51.

Mini-Symposium on Developing Countries in the Doha Round: Introduction

Journal of International Economic Law, Vol. 8, Issue 2, pp. 347-362, 2005
Posted: 29 Feb 2008
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)

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anaemia management, cost-effectiveness, dose, epoetin, safety and tolerability, subcutaneous administration

52.

Dispute Settlement in International Economic Law - Lessons for Strengthening International Dispute Settlement in Non-Economic Areas

Posted: 09 Aug 1999
Ernst-Ulrich Petersmann
European University Institute - Department of Law (LAW)

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