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the series.
GIACOMO TAGIURI
Giacomo Tagiuri. Giacomo Tagiuri is a legal scholar specializing in EU law, regulation, and economic law more broadly. His research interests also include legal and social theory and socio-legal studies. Giacomo’s work explores the impact of transnational law, and chiefly EU law, on local markets. He is particularly interested in howeconomic
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
YULIYA KASPIAROVICH
Yuliya Kaspiarovich. Yuliya Kaspiarovich is completing her PhD in EU Law at the Law Faculty of the University of Geneva. She holds a Master degree in European Studies from the Global Studies Institute of The University of Geneva (2014) and a Master in European and International Law from the University of Bordeaux Montesquieu IV (2012).JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
JOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert THE INDEPENDENCE AND LAWFUL COMPOSITION OF THE COURT OF A short few days in September 2020 saw an extraordinary turn of events. The Member States of the European Union used the withdrawal of a Member State from the European Union (EU) as a pretext to dismiss a sitting Advocate General (AG) of the Court of Justice of the European Union (CJEU) before the expiration of the duration of her mandate provided for in primary law. THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA. EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
GIACOMO TAGIURI
Giacomo Tagiuri. Giacomo Tagiuri is a legal scholar specializing in EU law, regulation, and economic law more broadly. His research interests also include legal and social theory and socio-legal studies. Giacomo’s work explores the impact of transnational law, and chiefly EU law, on local markets. He is particularly interested in howeconomic
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
YULIYA KASPIAROVICH
Yuliya Kaspiarovich. Yuliya Kaspiarovich is completing her PhD in EU Law at the Law Faculty of the University of Geneva. She holds a Master degree in European Studies from the Global Studies Institute of The University of Geneva (2014) and a Master in European and International Law from the University of Bordeaux Montesquieu IV (2012).JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
JOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert THE INDEPENDENCE AND LAWFUL COMPOSITION OF THE COURT OF A short few days in September 2020 saw an extraordinary turn of events. The Member States of the European Union used the withdrawal of a Member State from the European Union (EU) as a pretext to dismiss a sitting Advocate General (AG) of the Court of Justice of the European Union (CJEU) before the expiration of the duration of her mandate provided for in primary law. THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA. EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
THE INDEPENDENCE AND LAWFUL COMPOSITION OF THE COURT OF A short few days in September 2020 saw an extraordinary turn of events. The Member States of the European Union used the withdrawal of a Member State from the European Union (EU) as a pretext to dismiss a sitting Advocate General (AG) of the Court of Justice of the European Union (CJEU) before the expiration of the duration of her mandate provided for in primary law. MEDIA POLICY AND COPYRIGHT IN EUROPE: THE PROGRESSIVE Jean Monnet Center, NYU School of Law, 22 Washington Square North, New York, NY 10011 Jeanmonnet@nyu.edu | AccessibilityMARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right in OLIA KANEVSKAIA WHITAKER Olia Kanevskaia Whitaker. Olia is a postdoctoral researcher at the Center for IT and IP Law (CiTiP) of the KU Leuven. She holds a PhD in Law and an LL.M in International and European Public Law (cum laude) from Tilburg University. Previously, Olia worked as a researcher and lecturer at the Tilburg Law and Economics Center (TILEC). She was aJOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert THE EUROPEAN COURT OF JUSTICE AND THE INTERNATIONAL LEGAL The European Court of Justice and the International Legal Order after Kadi. This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) – to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled INTERNATIONAL AND REGIONAL TRADE LAW: THE LAW OF THE WORLD International and Regional Trade Law: The Law of the World Trade Organization J.H.H. Weiler University Professor, NYU Joseph Straus Professor of Law and European Union Jean Monnet Chair UNIT VI: NON-TARIFF BARRIERS (GATT ARTICLE XI) 3 2. Relationship between Art. III and Art. XI WTO, Analytical Index: Guide to GATT Law and Practice (Vol. I) (1995)) () The 1984 Panel Report on "Canada - Administration of the Foreign Investment EQUALITY – FIFA’S GENDER PAY GAP IN FOOTBALL WORLD CUPS Equality – FIFA’s Gender Pay Gap 2 to change soon. The upcoming World Cups prize money is budgeted with $440 million for the men’s tournament and a proposed $60 million for the women’s contest. THE JEAN MONNET PROGRAM The NYU Institutes On The Park. The Jean Monnet Center for International and Regional Economic Law & Justice focuses on the study of international and European economic integration and European Union law via fellowship opportunities for scholars, and online resources for the greater academic world. THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right in THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA. DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THE 1 Hereinafter just the Charter or the EU Charter of Fundamental Rights. See OJ C 364/01. 2 A note of caution: The connection between the EU human rights system and the ECHR may cause some terminological confusion. First, the parallel to Article 53 in the ECHR is incidentally also called Article 53. Throughout this paper, any reference to Article 53 of the ECHR will be followed by "ECHR THE DOCTRINE OF UNION PREEMPTION IN THE EU SINGLE MARKET The introduction of a competence catalogue in the TFEU by the Treaty of Lisbon eliminated the overlap between the preclusion of national lawmaking powers attributable to the exclusive character of EU competences and that stemming from the enactment of EU legislation, thus opening the doors to scholarly investigation of Union Preemption as a general theory of the effects of EU legislation in THE EUROPEAN COURT OF JUSTICE AND THE INTERNATIONAL LEGAL The European Court of Justice and the International Legal Order after Kadi. This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) – to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THESEE MORE ON JEANMONNETPROGRAM.ORG THE JEAN MONNET PROGRAM The NYU Institutes On The Park. The Jean Monnet Center for International and Regional Economic Law & Justice focuses on the study of international and European economic integration and European Union law via fellowship opportunities for scholars, and online resources for the greater academic world. THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right in THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA. DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THE 1 Hereinafter just the Charter or the EU Charter of Fundamental Rights. See OJ C 364/01. 2 A note of caution: The connection between the EU human rights system and the ECHR may cause some terminological confusion. First, the parallel to Article 53 in the ECHR is incidentally also called Article 53. Throughout this paper, any reference to Article 53 of the ECHR will be followed by "ECHR THE DOCTRINE OF UNION PREEMPTION IN THE EU SINGLE MARKET The introduction of a competence catalogue in the TFEU by the Treaty of Lisbon eliminated the overlap between the preclusion of national lawmaking powers attributable to the exclusive character of EU competences and that stemming from the enactment of EU legislation, thus opening the doors to scholarly investigation of Union Preemption as a general theory of the effects of EU legislation in THE EUROPEAN COURT OF JUSTICE AND THE INTERNATIONAL LEGAL The European Court of Justice and the International Legal Order after Kadi. This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) – to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THESEE MORE ON JEANMONNETPROGRAM.ORG THE JEAN MONNET PROGRAM The NYU Institutes On The Park. The Jean Monnet Center for International and Regional Economic Law & Justice focuses on the study of international and European economic integration and European Union law via fellowship opportunities for scholars, and online resources for the greater academic world. THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
MEDIA POLICY AND COPYRIGHT IN EUROPE: THE PROGRESSIVE Jean Monnet Center, NYU School of Law, 22 Washington Square North, New York, NY 10011 Jeanmonnet@nyu.edu | Accessibility TIME FOR INTEGRATING HUMAN RIGHTS INTO THE LAW OF 129 See above section 4 A, notably note 51.. 130 See e.g. J.Rawls (note 1), at 53, whose "first principle of justice" is: "each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others." On the interdependence between human rights, democracy, rule of law and peace see e.g.: J.Symonides (ed.), Human Rights MARKET ACCESS AND REGULATORY COMPETITION Previous|Title|Next. 3. Competitive Federalism and Market Access in the EU 3.1 The Logic of Competitive Federalism in the EU. The logic of competitive federalism appears to lend support to a strong, substantive version of market access 19 and to a wide principle of mutual recognition. Legal guarantees of mobility for persons and resources would maximise the disciplinary effects of exit. DELEGATION OF REGULATORY AUTHORITY IN THE EUROPEAN UNION Lenaerts, K. "Regulating the Regulatory Process: delegation of powers in the European Community" in European Law Review 18 (1993): 23 - 49. Levin, R. "The Anatomy of Chevron: Step Two Reconsidered" in Chicago-Kent Law Review 72 (1997): 1253-1297. DE FACTO DISCRIMINATION IN WTO LAW: NATIONAL AND MOST *Legal Affairs Officer, Appellate Body Secretariat, World Trade Organization, Geneva; LE@post.harvard.edu. Master of Public Administration (Harvard), Assessor juris (Berlin), First Legal State Examination (Passau). I wish to express my particular gratitude to Professor Joseph H.H. Weiler for making my two years at Harvard a unique experience of reflection, understanding and learning, and for THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and UNIT VI: NON-TARIFF BARRIERS (GATT ARTICLE XI) 3 2. Relationship between Art. III and Art. XI WTO, Analytical Index: Guide to GATT Law and Practice (Vol. I) (1995)) () The 1984 Panel Report on "Canada - Administration of the Foreign Investment THE JEAN MONNET PROGRAM The NYU Institutes On The Park. The Jean Monnet Center for International and Regional Economic Law & Justice focuses on the study of international and European economic integration and European Union law via fellowship opportunities for scholars, and online resources for the greater academic world. THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right in DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THE 1 Hereinafter just the Charter or the EU Charter of Fundamental Rights. See OJ C 364/01. 2 A note of caution: The connection between the EU human rights system and the ECHR may cause some terminological confusion. First, the parallel to Article 53 in the ECHR is incidentally also called Article 53. Throughout this paper, any reference to Article 53 of the ECHR will be followed by "ECHR THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA. EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE EUROPEAN COURT OF JUSTICE AND THE INTERNATIONAL LEGAL The European Court of Justice and the International Legal Order after Kadi. This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) – to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled THE DOCTRINE OF UNION PREEMPTION IN THE EU SINGLE MARKET The introduction of a competence catalogue in the TFEU by the Treaty of Lisbon eliminated the overlap between the preclusion of national lawmaking powers attributable to the exclusive character of EU competences and that stemming from the enactment of EU legislation, thus opening the doors to scholarly investigation of Union Preemption as a general theory of the effects of EU legislation in DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THESEE MORE ON JEANMONNETPROGRAM.ORG THE JEAN MONNET PROGRAM The NYU Institutes On The Park. The Jean Monnet Center for International and Regional Economic Law & Justice focuses on the study of international and European economic integration and European Union law via fellowship opportunities for scholars, and online resources for the greater academic world. THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right in DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THE 1 Hereinafter just the Charter or the EU Charter of Fundamental Rights. See OJ C 364/01. 2 A note of caution: The connection between the EU human rights system and the ECHR may cause some terminological confusion. First, the parallel to Article 53 in the ECHR is incidentally also called Article 53. Throughout this paper, any reference to Article 53 of the ECHR will be followed by "ECHR THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA. EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE EUROPEAN COURT OF JUSTICE AND THE INTERNATIONAL LEGAL The European Court of Justice and the International Legal Order after Kadi. This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) – to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled THE DOCTRINE OF UNION PREEMPTION IN THE EU SINGLE MARKET The introduction of a competence catalogue in the TFEU by the Treaty of Lisbon eliminated the overlap between the preclusion of national lawmaking powers attributable to the exclusive character of EU competences and that stemming from the enactment of EU legislation, thus opening the doors to scholarly investigation of Union Preemption as a general theory of the effects of EU legislation in DOES THE EU CHARTER OF FUNDAMENTAL RIGHTS THREATEN THESEE MORE ON JEANMONNETPROGRAM.ORG THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
OLIA KANEVSKAIA WHITAKER Olia Kanevskaia Whitaker. Olia is a postdoctoral researcher at the Center for IT and IP Law (CiTiP) of the KU Leuven. She holds a PhD in Law and an LL.M in International and European Public Law (cum laude) from Tilburg University. Previously, Olia worked as a researcher and lecturer at the Tilburg Law and Economics Center (TILEC). She was aJOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert MEDIA POLICY AND COPYRIGHT IN EUROPE: THE PROGRESSIVE Jean Monnet Center, NYU School of Law, 22 Washington Square North, New York, NY 10011 Jeanmonnet@nyu.edu | Accessibility MARKET ACCESS AND REGULATORY COMPETITION Previous|Title|Next. 3. Competitive Federalism and Market Access in the EU 3.1 The Logic of Competitive Federalism in the EU. The logic of competitive federalism appears to lend support to a strong, substantive version of market access 19 and to a wide principle of mutual recognition. Legal guarantees of mobility for persons and resources would maximise the disciplinary effects of exit. TIME FOR INTEGRATING HUMAN RIGHTS INTO THE LAW OF 129 See above section 4 A, notably note 51.. 130 See e.g. J.Rawls (note 1), at 53, whose "first principle of justice" is: "each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others." On the interdependence between human rights, democracy, rule of law and peace see e.g.: J.Symonides (ed.), Human Rights DELEGATION OF REGULATORY AUTHORITY IN THE EUROPEAN UNION Lenaerts, K. "Regulating the Regulatory Process: delegation of powers in the European Community" in European Law Review 18 (1993): 23 - 49. Levin, R. "The Anatomy of Chevron: Step Two Reconsidered" in Chicago-Kent Law Review 72 (1997): 1253-1297. DE FACTO DISCRIMINATION IN WTO LAW: NATIONAL AND MOST *Legal Affairs Officer, Appellate Body Secretariat, World Trade Organization, Geneva; LE@post.harvard.edu. Master of Public Administration (Harvard), Assessor juris (Berlin), First Legal State Examination (Passau). I wish to express my particular gratitude to Professor Joseph H.H. Weiler for making my two years at Harvard a unique experience of reflection, understanding and learning, and for THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
GIACOMO TAGIURI
Giacomo Tagiuri. Giacomo Tagiuri is a legal scholar specializing in EU law, regulation, and economic law more broadly. His research interests also include legal and social theory and socio-legal studies. Giacomo’s work explores the impact of transnational law, and chiefly EU law, on local markets. He is particularly interested in howeconomic
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right inJOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA.YULIYA KASPIAROVICH
Yuliya Kaspiarovich is completing her PhD in EU Law at the Law Faculty of the University of Geneva. She holds a Master degree in European Studies from the Global Studies Institute of The University of Geneva (2014) and a Master in European and International Law from the EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
GIACOMO TAGIURI
Giacomo Tagiuri. Giacomo Tagiuri is a legal scholar specializing in EU law, regulation, and economic law more broadly. His research interests also include legal and social theory and socio-legal studies. Giacomo’s work explores the impact of transnational law, and chiefly EU law, on local markets. He is particularly interested in howeconomic
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right inJOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA.YULIYA KASPIAROVICH
Yuliya Kaspiarovich is completing her PhD in EU Law at the Law Faculty of the University of Geneva. She holds a Master degree in European Studies from the Global Studies Institute of The University of Geneva (2014) and a Master in European and International Law from the EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
THE INDEPENDENCE AND LAWFUL COMPOSITION OF THE COURT OF A short few days in September 2020 saw an extraordinary turn of events. The Member States of the European Union used the withdrawal of a Member State from the European Union (EU) as a pretext to dismiss a sitting Advocate General (AG) of the Court of Justice of the European Union (CJEU) before the expiration of the duration of her mandate provided for in primary law.MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right in MEDIA POLICY AND COPYRIGHT IN EUROPE: THE PROGRESSIVE Jean Monnet Center, NYU School of Law, 22 Washington Square North, New York, NY 10011 Jeanmonnet@nyu.edu | AccessibilityJEAN-CLAUDE PIRIS
Jean-Claude Piris. serves as Legal Counsel of the European Council (Presidents or Prime Ministers of the 27 Member States) and of the EU Council of Ministers, Mr. PIRIS participated in all important decisions taken over the past 20 years by the EU, notably the adoption of new Treaties (Maastricht, Amsterdam, Nice, Constitutional Treaty,Lisbon
INTERNATIONAL AND REGIONAL TRADE LAW: THE LAW OF THE WORLD International and Regional Trade Law: The Law of the World Trade Organization J.H.H. Weiler University Professor, NYU Joseph Straus Professor of Law and European Union Jean Monnet Chair THE EUROPEAN COURT OF JUSTICE AND THE INTERNATIONAL LEGAL The European Court of Justice and the International Legal Order after Kadi. This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) – to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled UNIT VI: NON-TARIFF BARRIERS (GATT ARTICLE XI) 3 2. Relationship between Art. III and Art. XI WTO, Analytical Index: Guide to GATT Law and Practice (Vol. I) (1995)) () The 1984 Panel Report on "Canada - Administration of the Foreign Investment EQUALITY – FIFA’S GENDER PAY GAP IN FOOTBALL WORLD CUPS Equality – FIFA’s Gender Pay Gap 2 to change soon. The upcoming World Cups prize money is budgeted with $440 million for the men’s tournament and a proposed $60 million for the women’s contest. THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
GIACOMO TAGIURI
Giacomo Tagiuri. Giacomo Tagiuri is a legal scholar specializing in EU law, regulation, and economic law more broadly. His research interests also include legal and social theory and socio-legal studies. Giacomo’s work explores the impact of transnational law, and chiefly EU law, on local markets. He is particularly interested in howeconomic
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right inJOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA.YULIYA KASPIAROVICH
Yuliya Kaspiarovich is completing her PhD in EU Law at the Law Faculty of the University of Geneva. She holds a Master degree in European Studies from the Global Studies Institute of The University of Geneva (2014) and a Master in European and International Law from the EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
GIACOMO TAGIURI
Giacomo Tagiuri. Giacomo Tagiuri is a legal scholar specializing in EU law, regulation, and economic law more broadly. His research interests also include legal and social theory and socio-legal studies. Giacomo’s work explores the impact of transnational law, and chiefly EU law, on local markets. He is particularly interested in howeconomic
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
JOHN MORIJN
John Morijn. John was born in Dordrecht, The Netherlands to biology teacher Willemien and bookbinder Willem (specialized in ancient books and bibles). He has a brother, engineer Ton, and, since 2009, has been married to UN war crimes investigator and human rights specialistLina.
MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right inJOHANNA HEY
Johanna Hey is Professor of Tax Law and Public Law and Director of the Institute of Tax Law at Cologne University, Germany. She studied Law at the University of Würzburg and in Cologne and in 1996 received her Doctor Juris (Ph.D. equivalent) at the University of Cologne. Her Ph.D. thesis was awarded the German Tax Law Association´s Albert THE RULE OF LAWYERS AND THE ETHOS OF DIPLOMATS *In memory of Ray Vernon. ** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA.YULIYA KASPIAROVICH
Yuliya Kaspiarovich is completing her PhD in EU Law at the Law Faculty of the University of Geneva. She holds a Master degree in European Studies from the Global Studies Institute of The University of Geneva (2014) and a Master in European and International Law from the EXPLAINING THE POPULARITY OF BITS III. THE HULL RULE. Before BITs were conceived of, foreign investment was protected by customary international law. Because BITs arose, in part, due to of the demise of the old customary law, a discussion of the role of BITs must begin with a review of the regime that preceded these treaties. Early in this century, there was a broad consensus THE INTERNAL MARKET: NON-TARIFF BARRIERS 2 Articles 28 to 30 of the EC Treaty The free movement of goods is one of the cornerstones of the Single Market. It is laid down, in particular, by Articles 28, 29 and THE JEAN MONNET WORKING PAPER SERIES The Working Paper series is a tangible representation of the scholarship resulting from the Emile Noël Fellowships. The papers will appear in a series of publications of The Jean Monnet Center, including this web site, which will serve as the online platform forthe series.
APPLICATION GUIDELINES 1. Global Visitors Fellowship Program Online Application Form. Applicants must complete all sections of the Global Emile Noel Fellowship Program Online Application form. Please note that all application materials, except recommendation letters, can and shouldbe
THE INDEPENDENCE AND LAWFUL COMPOSITION OF THE COURT OF A short few days in September 2020 saw an extraordinary turn of events. The Member States of the European Union used the withdrawal of a Member State from the European Union (EU) as a pretext to dismiss a sitting Advocate General (AG) of the Court of Justice of the European Union (CJEU) before the expiration of the duration of her mandate provided for in primary law.MARTIN SCHAIN
MARTIN A. SCHAIN is Professor of Politics, Emeritus, at New York University. He is the author of The Politics of Immigration in France, Britain and the United States: A Comparative Study (New York: Palgrave, 2008/2012); co-author and editor of Comparative Federalism: The US and EU in Comparative Perspective (Oxford, 2006), Shadows Over Europe: The Development and Impact of the Extreme Right in MEDIA POLICY AND COPYRIGHT IN EUROPE: THE PROGRESSIVE Jean Monnet Center, NYU School of Law, 22 Washington Square North, New York, NY 10011 Jeanmonnet@nyu.edu | AccessibilityJEAN-CLAUDE PIRIS
Jean-Claude Piris. serves as Legal Counsel of the European Council (Presidents or Prime Ministers of the 27 Member States) and of the EU Council of Ministers, Mr. PIRIS participated in all important decisions taken over the past 20 years by the EU, notably the adoption of new Treaties (Maastricht, Amsterdam, Nice, Constitutional Treaty,Lisbon
INTERNATIONAL AND REGIONAL TRADE LAW: THE LAW OF THE WORLD International and Regional Trade Law: The Law of the World Trade Organization J.H.H. Weiler University Professor, NYU Joseph Straus Professor of Law and European Union Jean Monnet Chair THE EUROPEAN COURT OF JUSTICE AND THE INTERNATIONAL LEGAL The European Court of Justice and the International Legal Order after Kadi. This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) – to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled UNIT VI: NON-TARIFF BARRIERS (GATT ARTICLE XI) 3 2. Relationship between Art. III and Art. XI WTO, Analytical Index: Guide to GATT Law and Practice (Vol. I) (1995)) () The 1984 Panel Report on "Canada - Administration of the Foreign Investment EQUALITY – FIFA’S GENDER PAY GAP IN FOOTBALL WORLD CUPS Equality – FIFA’s Gender Pay Gap 2 to change soon. The upcoming World Cups prize money is budgeted with $440 million for the men’s tournament and a proposed $60 million for the women’s contest. THE JEAN MONNET PROGRAM THE NYU INSTITUTES ON THE PARK* About us
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The Jean Monnet Center for International and Regional Economic Law & Justice focuses on the study of international and European economic integration and European Union law via fellowship opportunities for scholars, and online resources for the greater academic world.HIGHLIGHTS
POLAND’S CONSTITUTIONAL BREAKDOWN The Jean Monnet Center for International and Regional Economic Law & Justice cordially invites you to attend a Book Launch and Discussion of Wojciech Sadurski’s book on Poland’s Constitutional Breakdown (Oxford University Press, 2019). The event will be held on Friday February 28, 2020 at 22 Washington Square North, first floor lounge. Participants: Ruti Teitel, Ernst FOOTBALL FEMINISM – GLOBAL GOVERNANCE PERSPECTIVES The two-day symposium will bring together scholars and practitioners from around the world to critically examine the transnational system of governance that regulates football (soccer) through the lens of gender. The presentation and discussion of interdisciplinary research on this topic aims to elucidate the operation of discrimination in and through the structures, rules, and practices Jean Monnet Center, NYU School of Law, 22 Washington Square North, NewYork, NY 10011
Jeanmonnet@nyu.edu | AccessibilityCopyright © 2020
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