Ernst-Ulrich Petersmann

European University Institute - Department of Law (LAW)

Emeritus Professor

Via Bolognese 156 (Villa Salviati)

50-139 Firenze

Italy

SCHOLARLY PAPERS

47

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32

CROSSREF CITATIONS

10

Scholarly Papers (47)

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 984 (27,062)
Citation 8

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international economic law, constitutionalism, human rights

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 663 (46,063)

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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 190 (188,479)
Citation 5

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

3.

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 493 (68,057)
Citation 6

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4.

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 381 (92,459)
Citation 1

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

5.

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 370 (95,627)
Citation 2

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

6.

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 357 (99,625)

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

7.

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 266 (136,748)
Citation 3

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

8.

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 265 (137,267)

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9.

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 264 (137,830)

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human rights, international economic law, constitutional pluralism

10.

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 236 (153,867)

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

11.

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 230 (157,739)
Citation 1

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international economic law, human rights, democracy, judicial review

12.

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
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 230 (157,739)
Citation 1

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

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 161 (217,901)

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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 64 (409,812)
Citation 2

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

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 224 (161,842)

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

15.

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 222 (163,266)

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international economic law, constitutionalism, human rights, justice

16.

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 206 (175,130)

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WTO, constitutional change, governance

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 187 (191,330)

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European Union; India; Trade wars; USA; WTO

18.

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 186 (192,237)

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

19.

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 179 (198,820)
Citation 1

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

20.

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 173 (204,773)
Citation 2

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

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 168 (209,988)
Citation 1

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

22.

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
University of Rome, European University Institute Law Department, European University Institute, Department of Law (LAW), Durham Law School, University of Oxford - Faculty of Law, European University Institute and European University Institute - Department of Law (LAW)
Downloads 168 (209,988)

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Cosmopolitanism; Global Constitutionalism; Legitimacy; Sovereignty; Democratic Deficit

23.

'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 153 (227,119)
Citation 3

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

24.

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 143 (239,936)

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commercial arbitration, trade and investment law, European Union

25.

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 122 (271,348)
Citation 1

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

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 105 (301,629)

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

27.

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 96 (319,910)
Citation 1

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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

28.

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 93 (326,525)
Citation 6

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GATT, DSU, WTO

29.

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 83 (350,233)
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

30.

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 76 (368,598)

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

31.

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 74 (374,280)

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

32.

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 68 (391,902)
Citation 1

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

33.

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 59 (421,273)

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

34.

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 56 (431,802)

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

35.

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 51 (450,150)

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

36.

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 44 (478,668)

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

37.

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 43 (483,062)
Citation 1

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

38.

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 43 (483,062)
Citation 1

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constitutional law, constitutionalization, distributive justice, ECHR, ECJ

39.

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 37 (510,203)

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

40.

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 33 (530,126)

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

41.

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 24 (582,065)

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

42.

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 18 (621,841)

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

43.

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 Max Planck Law Network - Max Planck Institute for Research on Collective Goods
Downloads 13 (657,267)

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

44.

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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45.

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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46.

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

47.

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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