Reflections on the Constitutionalisation of International Economic Law

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).

• CONTENTSPreface Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R. ZieglerINSTITUTIONAL AND SUBSTANTIVE ISSUES IN EUROPEAN LAWLiberalization of Trade in Goods in the EEC: Origin and Early Evolution Federico OrtinoThe ‘Politicization’ of the EU’S Common Commercial Policy – Approaching the “Post-Lockean” Era Peter HilpoldMargin of Appreciation Revisited: The Balancing Pole of Multilevel Governance Meinhard Hilf and Tim René SalomonThe Systemic Responsibility of the ECJ for Judicial Comity towards International Courts and Tribunals Nikos LavranosNational Judges and European Laws: A Comparative Constitutional Perspective Giuseppe MartinicoLegal Pluralism in the EEA Legal Order: The EFTA Court’s Role in a Broader Institutional Context Ólafur Ísberg HannessonConstructing a ‘We’: Collective Agency and the European Union Pedro LombaConflicts-Law Constitutionalism: Ambitions and Problems Christian JoergesBalancing Difference and Equality of Political Rights in the European Union – A Paradigm of Constitutional Pluralism Roland BieberInternational Regulatory Policy and Democratic Accountability: The EU and the ACTA Marise CremonaFinancial Liability of the EU for Violations of WTO Law – A Legislative Proposal Benefiting Innocent Bystanders Marco Bronckers and Sophie GoelenINSTITUTIONAL ISSUES IN WTO LAWConstitutional Treaties: Institutional Necessity and Challenge to International Law Fundamentals John H. JacksonConstitutional Perspectives on International Economic Law Peter-Tobias StollSovereign Equality and Graduation in International Economic Law Thomas CottierInternational Economic Law: Still the Ugly Duckling of Public International Law? Andreas R. ZieglerJustice is Coming (… From Behind Closed Doors: The WTO Judges) Petros C. MavroidisPanel Requests: What’s The Problem? Gabrielle Marceau and Jennifer K. HawkinsLegal Aspects of the WTO-IMF Relationship Revisited Chien-Huei WuProf. Ernst-Ulrich Petersmann and the Work of the ILA Committee on International Trade Law (1993–2012) Frederick M. AbbottStill Going “Grey” After All These Years? Export-Restraint Agreements and the WTO Antonello TancrediFilling in the Blanks: The WTO Appellate Body’s First Two Reports concerning the NME-Related Aspects of TDI against China Edwin VermulstNature and Status of WTO Accession Commitments: “WTO-Plus”Obligations and Their Relationship to Other Parts of the WTO Agreement Lothar EhringTobacco Products in WTO Law Lukasz GruszczynskiIs TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health Daniel KrausThe Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good Ilze DubavaDiplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990–1992) and Its Lessons Giorgio SacerdotiWTO AND REGIONAL TRADING BLOCSEnforcement of the WTO ‘Regional Exceptions’: A Comparative Institutional Analysis Boris RigodRegional Trade Agreements: ‘Stepping Stones’ or ‘Stumbling Blocks’of the WTO? Richard SentiState’s Access to Justice in a Multilevel Legal World: The Brazil Tyres Cases Revisited Stefan Staiger SchneiderINSTITUTIONAL AND SUBSTANTIVE ISSUES IN INTERNATIONAL LAWRevisiting Sustainable Development in Light of General Principles of International Environmental Law Francesco FrancioniProduct Labelling 15 Years On: The Role of the Judiciary Arthur E. AppletonInternational Regulation and Control of the Production and Use of Chemicals “Revisited” Hans-Wolfgang Micklitz and Marco RizziRighting Socio-Economic Wrongs in Times of Financial and Economic Crisis Mary E. FooterThe Right to Development within the International Economic Legal Order Christian TietjeThe 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 ThielbörgerElusive Coherence in International Law and Institutions: The Labour – Trade Debate Friedl WeissConsumer Labelling on Trial at the WTO: Misunderstanding the Behavioural Law and Economics of Consumer Information Robert HowseSelected List of Publications By E.-U. Petersmann (1972–2012)