Member State BITS after the Treaty of Lisbon: solid foundation or first victims of EU investment policy? Research Paper in Law, 02/2012

[Introduction.] This paper discusses the uncertain future of Member State BITs with third countries in the light of the developing EU investment policy. The question will be examined on the basis of the proposed Regulation establishing transitional arrangements for bilateral investment agreements between Member States and third countries presented by the Commission on 7 July 20101 and the European Parliament’s Position adopted at first reading on 10 May 2011.2 The proposed Regulation and the Commission Communication of the same day are meant to be the “first steps in the development of an EU international investment policy”.3 The first chapters present the legal framework relevant for this question and its evolution to better understand the particular challenges of this transition process. The second chapter examines the relationship of EU law and investment law, with a brief introduction of the notion of investment law and the scope of the EU’s new investment competence. The third chapter outlines the legal framework for the continuation and termination of treaties under international and EU law. The fourth chapter concerns BITs, first covering the particular nature of BITs and then the CJEU’s judgments in the BIT Cases of 2009. The fifth chapter consists of a step by step analysis of the different provisions of the proposed Regulation.

The Dynamics of Decentralization in Italy: Towards a Federal Solution? European Diversity and Autonomy Papers, EDAP/04 2013

This paper analyses the recent process of state decentralisation in Italy from the perspectives of political science and constitutional law. It considers the conflicting pressures and partisan opportunism of the decentralising process, and how these have adversely affected the consistency and completeness of the new constitutional framework. The paper evaluates the major institutional reforms affecting state decentralisation, including the 2001 constitutional reform and the more recent legislation on fiscal federalism. It argues that while the legal framework for decentralisation remains unclear and contradictory in parts, the Constitutional Court has performed a key role in interpreting the provisions and giving life to the decentralised system, in which regional governments now perform a much more prominent role. This new system of more decentralised multi-level government must nevertheless contend with a political culture and party system that remains highly centralised, while the administrative apparatus has undergone no comparable shift to take account of state decentralisation, leading to the duplication of bureaucracy at all territorial levels and continuing conflicts over policy jurisdiction. Unlike in federal systems these conflicts cannot be resolved in Italy through mechanisms of “shared rule”, since formal inter-governmental coordination structure are weak and entirely consultative.

Exploitative Abuses: Which Competition Policy, Which Public Policy? Research Papers in Law, 2/2007

As the final session of the day, my aim in this paper is to briefly outline the nature of exploitative abuses before turning to the question of the relationship between competition law and intellectual property law in the context of what Teubner calls the regulatory trilemma and from that draw a two-fold conclusion. First, the demands on law from the social phenomenon of markets are more acute when those demands raise issues across the different law domains of IP and competition. Second, where IP law and competition meet, the aim should be for both domains to internalise the values of the other. This however can only happen to the extent but only to the extent that there can be what Collins1 calls productive disintegration. Finally, in the specific context of exploitative abuses the overlap between IP law and competition law arises primarily in relation to claims of excessive pricing in licensing arrangements. Such claims could form the basis of a private action2 or can be made in the context of compulsory dealing decisions such as Microsoft.3 The involvement of competition agencies in pricing decisions goes to the heart of concerns about the nature of competition law and the role of competition agencies and highlights the need for the law to indirectly control rather than inappropriately attempt to directly control markets.

Britain and Europe: A new settlement? EPC Challenge Europe 23, May 2016

Britain's European problem, Stephen Wall; Britain's contribution to the EU: an insider's view, David Hannay; 'Foreign judges' and the law of the European Union, David Edward; The United Kingdom and the Charter of Fundamental Rights of the EU, Peter Goldsmith; European foreign policy: five and a half stories, Robert Cooper; External relations and the transformative power of enlargement, Heather Grabbe; Recalibrating British European policy in foreign affairs, Fraser Cameron; The European Union and the wider Europe, Graham Avery; From Common Market to Single Market: an unremarked success, Malcolm Harbour; Lost in translation: Britain, Germany and the euro, Quentin Peel; After Cameron's EU deal, Kirsty Hughes; Re-imagining the European Union, Caroline Lucas; Britain and European federalism, Brendan Donnelly; Europe's British problem, Andrew Duff.

WTO law issues of emissions trading

Based on existing research in the interface of emissions trading schemes (ETSs) and WTO law, the paper looks more closely at the design elements of an ETS that are most vulnerable to a WTO challenge, including border adjustment on importation and exportation, recycling of revenues and cross-border linking. The analysis of WTO consistency of various ETS regulatory components reveals significant legal uncertainty. One explanation is that an ETS is not yet fully established as a regulatory tool. It does not have a fixed design and its design elements vary significantly with a scheme. Moreover, ETS-related issues have never been raised in WTO disputes. This makes it hard to predict with confidence the outcome of scrutiny of an ETS by a WTO adjudicative body. In this respect, the availability of environmental and/or health exceptions for justification of ETS-related measures is of great importance.

Amending the Immigration and nationality act, and for other purposes : report together with additional views to accompany H.R. 982.

Submitted by Mr. Joshua Eilberg.

U.S. immigration policy and the national interest : the final report and recommendations of the Select Commission on Immigration and Refugee Policy with supplemental views by commissioners.

"Submitted to the Congress and the President of the United States pursuant to Public Law 95-412."

Immigration and Nationality Act Amendments of 1981 : report (to accompany H.R. 4327) (including cost estimate of the Congressional Budget Office).

"October 2, 1981."

U.S. immigration policy and the national interest /

Originally published March 1981 as U.S. immigration policy ... final report and recommendations of the Select Commission on Immigration and Refugee Policy.

Guide for volunteers in preparing applications to the Immigration and Naturalization Service.

Cover title: Training program for volunteers.

Immigration Reform and Control Act of 1982 : Mr. Rodino, from the Committee on the Judiciary, submitted the following report together with additional and dissenting views (to accompany H.R. 6514) (including cost estimate of the Congressional Budget Office).

"September 28, 1982."

Illegal aliens : analysis and background /

"92-113."

Immigration reform and control : report of the Committee on the Judiciary, United States Senate, on S. 2222 with additional and minority views.

"June 30 ... 1982."

Illegitimacy and its impact on the aid to dependent children program /

Bibliography: pages 61-66.

The law of contracts.

Mode of access: Internet.