DiscussionResponse

TTIP and the WTO: Anatomy of a murder story and the future of the world trading system

A response to Maximilian Oehl In his thoughtful post, Maximilian Oehl placed TTIP into the wider context of the world trade system and discussed some of the critical questions surrounding the negotiations. While there is certainly no fault in the portrayal of events and facts presented, it may only be one view of the cathedral. Let me add a slightly different one.

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The regulatory dimension of TTIP and the global competition of economic systems

Reflections on the on-going dispute over Europe’s external trade policy

The proposed comprehensive free trade agreement (FTA) between the EU and the US bearing the name ‘Transatlantic Trade and Investment Partnership’ (or TTIP), continues to inflame passions within significant sections of the European public. The self-organized European citizens’ initiative ‘Stop TTIP‘ with its over 3 million signatures stands paradigmatically for the wide-spread concerns among large parts of civil society. Nevertheless, political leaders are determined to follow through with the undertaking …

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Towards an Integrated, Predictable and Coherent International Legal System: A Defence of Proportionality Balancing

A response to Sué González Hauck In her post Sué González Hauck provides a thoughtful and critical perspective on proportionality balancing as a means to overcome fragmentation in international law. In my view, however, her perception overburdens proportionality balancing with assumptions and expectations that do not reflect its character. I will first lay out the understanding of proportionality which this comment relies on, before then discussing the arguments brought forth by …

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A Critique of Proportionality Balancing as a Harmonization Technique in International Law

Since the publication of the Fragmentation Report by the International Law Commission, international legal scholars and practitioners alike seem to be less concerned about the theoretical questions raised by the fragmentation debate. Instead, they have turned to identifying and examining tools which could avoid or resolve normative conflicts between norms of different specialized areas of international law (also referred to as “regimes”). Proportionality balancing is one of these tools of …

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