Reflections on the Constitutionalisation of International Economic Law

Liber Amicorum for Ernst-Ulrich Petersmann

This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann´s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann´s academic career and this goal stands also at the heart of this book.
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Biographical Note

Marise Cremona is Professor of European Law, a Director of the Academy of European Law, and current Head of the Department of Law at the European University Institute in Florence (Italy). She has published extensively on the external relations law of the European Union, including Developments in EU External Relations Law (Oxford University Press, 2008).

Peter Hilpold is Professor of International Law, European Law and Public Comparative Law at the Faculty of Law of the University of Innsbruck (Austria). He has published extensively on the subjects mentioned. He is an editor and/or a permanent collaborator of several international law journals.

Nikos Lavranos is Dr. jur. (2004) and LLM (1997) both from Maastricht University (Netherlands). Currently, he is Senior Trade Policy Advisor, prior he was Senior Researcher International Law & EU Law. He has published widely on EU Law, WTO Law and Investment Law.

Stefan Staiger Schneider is PhD Researcher in Law at the European University Institute in Florence (Italy) and MAE-AECI Fellow (Spain). He is also a Master of European Studies from the University of Hamburg (Germany) and a Bachelor of Laws from the Pontifical Catholic University of Rio Grande do Sul in Porto Alegre (Brazil).

Andreas R. Ziegler is Professor of International Law and Director of the LLM Programme in International and European Economic and Commercial Law at the Law Faculty of the University of Lausanne (Switzerland). He holds appointments as conjoint professor at the University of New South Wales in Sydney (Australia), the University of St. Gallen (Switzerland) and the Swiss Institute of Technology in Zurich. He has published extensively on Swiss constitutional law, European Law, International Criminal Law, and International Economic Law, including the textbook International Economic Law (Sweet & Maxwell, London, 3rd edn., 2011).

Table of contents

CONTENTS

Preface
Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R. Ziegler

INSTITUTIONAL AND SUBSTANTIVE ISSUES IN EUROPEAN LAW

Liberalization of Trade in Goods in the EEC: Origin and Early Evolution
Federico Ortino

The ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era
Peter Hilpold

Margin of Appreciation Revisited: The Balancing Pole of Multilevel Governance
Meinhard Hilf and Tim René Salomon

The Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals
Nikos Lavranos

National Judges and European Laws: A Comparative Constitutional Perspective
Giuseppe Martinico

Legal Pluralism in the EEA Legal Order: The EFTA Court’s Role in a Broader Institutional Context
Ólafur Ísberg Hannesson

Constructing a ‘We’: Collective Agency and the European Union
Pedro Lomba

Conflicts-Law Constitutionalism: Ambitions and Problems
Christian Joerges

Balancing Difference and Equality of Political Rights in the European Union – A Paradigm of Constitutional Pluralism
Roland Bieber

International Regulatory Policy and Democratic Accountability: The EU and the ACTA
Marise Cremona

Financial Liability of the EU for Violations of WTO Law – A Legislative Proposal Benefiting Innocent Bystanders
Marco Bronckers and Sophie Goelen

INSTITUTIONAL ISSUES IN WTO LAW

Constitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals
John H. Jackson

Constitutional Perspectives on International Economic Law
Peter-Tobias Stoll

Sovereign Equality and Graduation in International Economic Law
Thomas Cottier

International Economic Law: Still the Ugly Duckling of Public International Law?
Andreas R. Ziegler

Justice is Coming (… From Behind Closed Doors: The WTO Judges)
Petros C. Mavroidis

Panel Requests: What’s The Problem?
Gabrielle Marceau and Jennifer K. Hawkins

Legal Aspects of the WTO-IMF Relationship Revisited
Chien-Huei Wu

Prof. Ernst-Ulrich Petersmann and the Work of the ILA Committee on International Trade Law (1993–2012)
Frederick M. Abbott

Still Going “Grey” After All These Years? Export-Restraint Agreements and the WTO
Antonello Tancredi

Filling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China
Edwin Vermulst

Nature and Status of WTO Accession Commitments: “WTO-Plus”Obligations and Their Relationship to Other Parts of the WTO Agreement
Lothar Ehring

Tobacco Products in WTO Law
Lukasz Gruszczynski

Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health
Daniel Kraus

The Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good
Ilze Dubava

Diplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990–1992) and Its Lessons
Giorgio Sacerdoti

WTO AND REGIONAL TRADING BLOCS

Enforcement of the WTO ‘Regional Exceptions’: A Comparative Institutional Analysis
Boris Rigod

Regional Trade Agreements: ‘Stepping Stones’ or ‘Stumbling Blocks’of the WTO?
Richard Senti

State’s Access to Justice in a Multilevel Legal World: The Brazil Tyres Cases Revisited
Stefan Staiger Schneider

INSTITUTIONAL AND SUBSTANTIVE ISSUES IN INTERNATIONAL LAW

Revisiting Sustainable Development in Light of General Principles of International Environmental Law
Francesco Francioni

Product Labelling 15 Years On: The Role of the Judiciary
Arthur E. Appleton

International Regulation and Control of the Production and Use of Chemicals “Revisited”
Hans-Wolfgang Micklitz and Marco Rizzi

Righting Socio-Economic Wrongs in Times of Financial and Economic Crisis
Mary E. Footer

The Right to Development within the International Economic Legal Order
Christian Tietje

The Right to Water: Effective Multi-Level Protection of a Multi-Faceted Human Right? – An Application of the Kadi and Medellin Approaches to the Case of the Right to Water
Pierre Thielbörger

Elusive Coherence in International Law and Institutions: The Labour – Trade Debate
Friedl Weiss

Consumer Labelling on Trial at the WTO: Misunderstanding the Behavioural Law and Economics of Consumer Information
Robert Howse

Selected List of Publications By E.-U. Petersmann (1972–2012)

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