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2021
With judicialization of ISDS as a hallmark of the EU investment policy and its proposal for the multilateralization of the investment court system, ISDS reform is increasingly associated with challenges arising from the multiplication of international tribunals and judicial dialogue.
Rosario Ojinaga Ruiz, Maria Lina Leiva
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With judicialization of ISDS as a hallmark of the EU investment policy and its proposal for the multilateralization of the investment court system, ISDS reform is increasingly associated with challenges arising from the multiplication of international tribunals and judicial dialogue.
Rosario Ojinaga Ruiz, Maria Lina Leiva
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The Compatibility of Investment Arbitration in eu Trade Agreements with the eu Judicial System
Journal for European Environmental & Planning Law, 2016This article explores the legality of investment arbitration in eu trade agreements under eu law. Investor-state dispute settlement (isds), including the Investment Court System, allows foreign investors to challenge eu acts and decisions before investment tribunals and these tribunals may be faced with questions of eu law. Since this system of dispute
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EU and Global Judicial Systems
2011This chapter aims to analyze and compare the EU judicial System with the judicial mechanisms of four global regimes: the World Trade Organization, the UN Convention on the Law of the Sea, the Mercosur and the World Bank. It opens with a discussion of the multiple jurisdictions – international, constitutional and administrative – of EU courts. Then, the
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European Public Law, 2021
Aiming to foster reflection on the role of the EU regarding the enforcement of the rule of law, this essay revisits, in a normative fashion, the Union’s legal system with references to recent and established case law and literature. It understands the judicial enforcement of the rule of law as a synonym of effective judicial protection and analyses the
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Aiming to foster reflection on the role of the EU regarding the enforcement of the rule of law, this essay revisits, in a normative fashion, the Union’s legal system with references to recent and established case law and literature. It understands the judicial enforcement of the rule of law as a synonym of effective judicial protection and analyses the
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Common Market Law Review, 2022
The article analyses the judgment of the Court of Justice of the EU in Case C-575/18 P, Czech Republic v. European Commission, and the judgment's upgrade to the system of judicial remedies for challenging EU law otherwise provided for in the EU Treaties.
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The article analyses the judgment of the Court of Justice of the EU in Case C-575/18 P, Czech Republic v. European Commission, and the judgment's upgrade to the system of judicial remedies for challenging EU law otherwise provided for in the EU Treaties.
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2023
In order to ensure the smooth and efficient operation of the judicial system and non-ju-dicial institutions that protect human rights, especially during the period of martial law in Ukraine, the existing legal framework that regulates the activities of the Constitutional Court and the Commissioner for Human Rights in ...
Oksana Shcherbanyuk +1 more
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In order to ensure the smooth and efficient operation of the judicial system and non-ju-dicial institutions that protect human rights, especially during the period of martial law in Ukraine, the existing legal framework that regulates the activities of the Constitutional Court and the Commissioner for Human Rights in ...
Oksana Shcherbanyuk +1 more
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The future of preliminary rulings in the EU judicial system
2023Sara Iglesias Sanchez rst commented in this Journal on the request submied by the Court of Justice of the Eu- ropean Union (CJEU), pursuant to Article 281(2) TFEU, with a view to amend its Statute transferring to the Ge- neral Court (GC) the jurisdiction to hear and determine questions referred for a preliminary ruling in specic areas laid down by the ...
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SSRN Electronic Journal, 2009
The main purpose of the United Nations is to maintain International peace and security. Under Chapter VII of the UN Charter, the Security Council can adopt mandatory measures to maintain or restore international peace and security. Article 41 of the UN Charter gives the power to the Security Council to impose economic sanctions against a State.
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The main purpose of the United Nations is to maintain International peace and security. Under Chapter VII of the UN Charter, the Security Council can adopt mandatory measures to maintain or restore international peace and security. Article 41 of the UN Charter gives the power to the Security Council to impose economic sanctions against a State.
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Maastricht Journal of European and Comparative Law, 2017
Created in 2013 after a troubled and long standing debate, the Unified Patent Court (UPC) is a ‘Common Court’ of 25 EU Member States that will adjudicate on ‘classical’ European Patents and on the new European patents with unitary effect. Although its establishing Agreement has not yet entered into force, the establishment of the UPC makes for a very ...
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Created in 2013 after a troubled and long standing debate, the Unified Patent Court (UPC) is a ‘Common Court’ of 25 EU Member States that will adjudicate on ‘classical’ European Patents and on the new European patents with unitary effect. Although its establishing Agreement has not yet entered into force, the establishment of the UPC makes for a very ...
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