Christian Tietje

Martin Luther University Halle-Wittenberg | MLU

This chapter examines the question on whether World Trade Organization (WTO) law protects community interests, revisiting the interrelated scholarly debates about whether the WTO’s legal system resembles a ‘constitution’ or a ‘contract’ and whether WTO obligations are ‘bilateral’ or ‘collective’. The first part of the chapter addresses challenges t...

b>Die Freizügigkeit der Unionsbürger ist seit den Anfängen der Europäischen Integration konstituierend für das Europarecht. Nicht zuletzt die umfangreiche europäische Rechtsprechung zur Freizügigkeit der Unionsbürger führt kontinuierlich zu prägenden Integrationsfortschritten. Die in jüngerer Zeit vermehrt vom europäischen Gesetzgeber verabschiede...

The international financial crisis of 2008 has gained a lot of attention from scholars from different disciplines. For many participants in the debate, the crisis was nothing else than an expression of a lack of effective international financial market regulations. Thus, to have better and “more” regulation on financial market instruments was seen...

This paper explores the nature of WTO law. Specifically, it examines the question whether and to what extent WTO law protects community interests. It thereby revisits, seen through the lens of the community interest concept, the interrelated scholarly debates about whether the WTO’s legal system resembles a “constitution” or a “contract” and whethe...

According to the European Commission, enforcement of the ICSID award in Micula constitutes illegal state aid under Article 107 TFEU. At the same time, Articles 53 and 54 ICSID Convention require unconditional enforcement of ICSID awards. So far, the relationship between the ICSID Convention and EU law is unresolved. This article presents different...

The purpose of the handbook is to provide practitioners and legal scholars with a comprehensive overview and a systematic assessment of the relevant cases and issues in the field of international investment law. The handbook thus aims at giving both a first overview as well as a detailed insight into all aspects of investment law. The handbook prov...

The global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by e...

The global financial crisis of 2007–9, which is more than symbolically tied to the breakdown of Lehman Brothers on 15 September 2008, and the on-going sovereign debt crisis in Europe, intrinsically tied to Greece, resulted in challenges for governments and markets alike. Governments – providing the framework for market activities, having the capaci...

The global financial crisis and subsequent sovereign debt crisis in Europe demonstrated that the relationship between law and economics in the design of the monetary system must be revisited. International monetary affairs are usually conducted via domestic monetary policies which are formulated by independent central banks and informed mainly by e...

The development of new digital technologies has resulted in significant transformations in daily life, from the arrival of online shopping to more fundamental changes in the ways we work and communicate. Many of these changes raise questions that transcend market access and liberalisation, and demand cooperation and coherent regulatory design. Inte...

Introduction The excellent chapters on the relationship between international investment law and trade by Mary Footer and Tomer Broude both wrap up a discussion that is not at all new - Softwood Lumber was decided quite some time ago - but still lacks analytical clarity. As a substantial amount of scholarly writing and some dispute settlement pract...

The financial crisis of 2007–09 resulted in, inter alia, challenges for governments to modify financial regulation and supervision so as to ensure stability of financial markets without unduly hindering dynamic market developments. Moreover, the inherent transnational character of any financial market instrument nowadays has to be taken into accoun...

Taxation of foreign investors and host States. It might be used as an instrument by governments not only to raise revenue but also for the purpose of regulating foreign investment within the respective State. This chapter clarifies the interpretation of investment law standards as far as their impact on tax matters is concerned. Following the conce...

The 25th of November 2009 denoted the 50th anniversary of the signing of the first worldwide bilateral investment treaty, which was concluded between the Islamic Republic of Pakistan and the Federal Republic of Germany and established to promote and to protect international investment. In consideration of this anniversary, this paper provides a sys...

In order to analyse the exercise of public authority by international institutions, it is necessary not only to take a look at the power and authority granted to international institutions by their respective founding treaties – constitutions – but also to focus on how international institutions actually apply their respective powers on a daily bas...

Seit Ausbruch der Finanz- und Wirtschaftskrise ist weltweit ein enormer Anstieg staatlicher Defizite und Schuldenstände zu beobachten. Was bedeutet die Entwicklung für die Europäische Währungsunion? Charles B. Blankart und Erik R. Fasten, Humboldt-Universität zu Berlin, finden es wünschenswert, »vom Nichtauslösungsartikel auszugehen und diesen mit...

The famous saying by John H. Jackson that any attempt to follow the developments of international economic law “is like trying to describe a landscape while looking out the window of a moving train - events tend to move faster than one can describe them” currently appears to be particularly valid in international investment law. One telling example...

The ever-increasing importance of the Internet as a major forum for commercial transactions gave rise to an intensive debate on the need for and suitable structural design of a normative framework governing business-related activities in Cyberspace. As of today a broad consensus has emerged that the initial exclusive reliance on netiquettes does in...

The relationship between EC law and international investment law has gained increasing attention. This is due to ongoing proceedings before the European Court of Justice (ECJ) concerning the compatibility of bilateral investment treaties (BITs) of EU Member States with EC law, several arbitral proceedings of investors versus EU Member States based...

This comment on Jide Nzelibes Paper takes the view that the existing rationale of Art. 22 DSU is to a large extent not consistent with the structure of primary obligations of WTO law. WTO law is not simply a legal system based on export-oriented exchange of concessions. Thus, a simple export pressure group-oriented public choice analysis may not co...

Introduction There is hardly any other subject in the broad area of trade and environment subject to so much political and academic discussion than the legality of process-related measures. Even though the problem of so-called processes and production measures (PPMs) is certainly not new in the international economic and environmental system, it wa...

The position of non-State actors in WTO law is one of the most contentious topics currently discussed in the field of international economic law. The purpose of this article is not only to show that this discussion raises fundamental questions as to the aims pursued by the WTO, but also to explore the possible consequences of the changing character...

‘Law as integrity, then, requires a judge to test his interpretation of any part of the great network of political structures and decisions of his community by asking whether it could form part of a coherent theory justifying the network as a whole.’ (R. Dworkin, Law’s Empire, 1986, 245)