Articles

A Legal Analysis of Packaging Standardisation Requirements Under EU Law - The Case of ‘Plain Packaging’ in the United Kingdom

A. ALEMANNO

Journal of Business Law

A paraître

Départements : Droit et fiscalité, GREGHEC (CNRS)


A Mathematical Turn in Business Regulation: The Rise of Legal Indicators

D. RESTREPO AMARILES

International Journal of Law in Context

A paraître

Départements : Droit et fiscalité


Fair and Equitable Treatment in Investor-State Dispute Settlement: A New Interpretative Framework

D. RESTREPO AMARILES, A. VAN WAEYENBERGE

Journal of Business Law

A paraître

Départements : Droit et fiscalité, GREGHEC (CNRS)


The fair and equitable treatment (FET) standard has become the cornerstone of investor-state dispute settlement, and one of the most disputed notions in international business law. With investors facing increasing uncertainty, and states moving closer to denouncing treaties they see as limiting their sovereign right to regulate, FET has come to pose a significant risk to the entire investor-state dispute resolution system. This paper outlines an alternative way to consider FET, by acknowledging its thick and indeterminate character as a legal standard. It argues that previous traditional taxonomies have inherent limitations, and that practitioners should instead seek to understand the FET standard through the lens of the rule of law. The paper offers an analysis of the jurisprudence of the International Centre for the Settlement of Investment Disputes (ICSID) to show that three principles of the rule of law – due process, legal certainty, and the prohibition of arbitrariness – constitute an operational and certain, yet flexible framework of interpretation for the application of the FET standard

Introduction to Global Law, Legal Indicators and Legal Pragmatism

D. RESTREPO AMARILES

Journal of Legal Pluralism and Unofficial Law

A paraître

Départements : Droit et fiscalité


James Elliott Construction (C-613/14) : A "New(ish) Approach" to judicial review of standardization

A. VAN WAEYENBERGE, D. RESTREPO AMARILES

European Law Review

A paraître

Départements : Droit et fiscalité, GREGHEC (CNRS)


The Impact of the French Doctrine of ‘Significant Imbalance’ on International Business Transactions

D. RESTREPO AMARILES, E. M. BASSILANA, M. M. WINKLER

Journal of Business Law

A paraître

Départements : Droit et fiscalité, GREGHEC (CNRS)


The Petrilli cases - A new approach of the EU courts in damages claims ?

A. VAN WAEYENBERGE

European Public Law

A paraître

Départements : Droit et fiscalité, GREGHEC (CNRS)


France’s Commercial courts: a good example of the administration of justice by ordinary citizens

N. STOLOWY, M. BROCHIER

Journal of Business Law

2017, vol. 1, pp.1-22

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Accessto justice; Commercial law; Courts' powers and duties;France; Judges; Legal history


Commercial courts occupy a highly specific position in the French judiciary landscape, since their judges are elected.French commercial court judges are not members of the legal professions but business executives and tradespeoplechosen by their peers. This encourages a pragmatic view that takes into account the economic constraints faced by companies. InFrance, certain courts of first instance,such asthe commercial courts, delegate the function of judgment to ordinary citizens, whereas in most courts of first instance, and the appeal courts Cour d’appel and Cour de cassation, only full-time professional magistrates can rule on the cases brought before the court

Thinking Justice Outside the Dock: A Critical Assessment of the Reform of the EU's Court System

A. ALEMANNO, L. PECH

Common Market Law Review

février 2017, vol. 54, n°1, pp.129-176

Départements : Droit et fiscalité, GREGHEC (CNRS)


The 2015 reform of the EU’s court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It entails not only the doubling of the number of General Court judges but also the dissolution of the Civil Service Tribunal. This article offers a critical assessment of these two major, structural changes, by focusing on both the process by which they were adopted and its overall merits. After providing a detailed examination of its tortuous legislative history and highlighting its unique underlying procedural feature – with the Court itself initiating the reform process -, this article identifies and systematises the major reform’s shortcomings. It criticises both the diagnosis underpinning the reform and the cure administered. It concludes by presenting this reform process as a missed opportunity to address, in a more holistic manner, the pressing non-docket related challenges faced by the EU judicial system and, in particular, to reform a governance structure which is no longer fit for purpose considering the massive transformation of the EU judicial branch since the CJ was first established in 1951

A Comparative Overview of EU and US Legislative and Regulatory Systems: Implications for Domestic Governance & the Transatlantic Trade and Investment Partnership

A. ALEMANNO, R. W. PARKER

Columbia Journal of European Law

2016, vol. 22, n°1

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : TTIP, Regulatory Cooperation, Convergence, Divergence, Mutual Recognition, Equivalence, MRA, US-EU, race to the bottom, direct effect, implementation

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2721038


The aim of this report is to inform the EU-US Transatlantic Trade and Investment negotiations on enhanced regulatory coherence and cooperation, by providing negotiators, stakeholders and the public with a comparative overview of the US and EU legislative and regulatory processes in their current form, highlighting differences and similarities


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