Since 2001 the worker recuperated enterprises (ERTs) of Argentina have challenged the function, organisation, and normative basis of politics, law, and economics. This is a movement that frames its actions as a political struggle, and in so far as their conception of work rejects the structuring of work in response to market determinations, the ERT...
The Paradoxes of European Solidarity. Burden and Responsibility Sharing for Refugees Protection in the factory of the Global Welfare State
Solidarity has long been a fundamental value laying at the core of EU integration laws and policies as well as a guiding principle operating both horizontally and vertically in various regimes of international law. In the regional context of supranational cooperation, the Treaty of Lisbon has deepened international solidarity‘s commitment emphasizing its role in binding...
The Ordering Power of Digital Infrastructures and Their Legal Regulation
Physical and informational infrastructures are increasingly enmeshed with digital infrastructures, associated flows of data and analytics, and new forms of digital power, competition, and control. Enhanced digitalization and connectivity of infrastructures can change the ways infrastructures regulate and how law might regulate infrastructures. Digital infrastructures themselves have major regulatory effects that have long been conceptualized...
The Multilateral Investment Court project: Assessing the Contribution of the European Union – Vietnam FTA
In the EU-Vietnam FTA (EVFTA) the typical investor-State dispute settlement mechanism has been replaced with a different, new model. The paper will sketch out the main differences between the two mechanisms and suggest where the Vietnam government may expect certain difficulties with implementation of the new system. Moreover, the EVFTA mechanism is intended to be...
The Kelsenian and Schmitian views on the nature and use of emergency powers revisited: the lesson from Thailand‘s colour-coded politics
This paper will examine the collision between Kelsenian and Schmittian ideas in relation to Thailand‘s contemporary colour-coded crises. The application of the Kelsen-Schmitt debate in the Thai context exemplifies the declining dominance of the Schmittian idea. Though the “Yellow-shirt“ faction in Thai politics is still capable of engineering a military coup—the exercise of sovereign decisionism...
The Limits of Normative Constitutionalism
Global constitutionalism is one of the outstanding accomplishments of normative constitutional theory. The most successful instantiations of normative constitutional theories of global constitutionalism have taken up perspectives that seemed potentially incompatible: legal pluralism and the sociology of constitutions. The normative case for global constitutionalism as the arguments given in support of global constitutionalism are very...
The Royal Prerogative and Legal Constraints on the Use of Force: Brining Canada Into Line
This article provides a comparative analysis of the constitutional constraints on Canadian government decisions to use military force, and makes theoretical and normative arguments for change. It examines how, in contrast to a trend among constitutional democracies, the executive power in Canada has particularly unfettered discretion to engage in armed conflict under the Royal Prerogative....
The role of constitutional courts in examinating presidentual appintments.
The theme is so old that started the judicial review in USA. Some contries are facing a constitutional political dilema: how to adress actions to avoid some political appointment, moreover in main public servitors. It is not only a matter of law, when public option is driven in different way than the presidential nomination. Recently,...
The role of cultural heritage policies in the definition of a national identity
Cultural heritage, both in its material and immaterial forms, has been, and still is, one of the key elements that a State aims to identify and protect as part of its national identity. The first cultural heritage regulations, particularly in Italy and also globally, were structured with the purpose of retaining cultural property within national...
The role of European agencies in global health standards from global to EU to national level
This paper will analyze the role of European Agencies in the setting of global standards, focusing on the regulatory area of health (pharmaceuticals, foods, chemicals). In all these fields, European Agencies participate in the setting of standards on the global level e.g. in the ICH, the Codex and the OECD. They also play an important...