Voting vs. Moving: Exit and Voice Mechanisms in the EU Federalism

Nov 14, 2017
Rosamaria Bitetti. European economic crisis has put a strain to the European Union governance model, which has been for a long time characterized by a multi-layered decision-making process, affected more by expert-technocratic knowledge than by democratic participation. This paper analyzes two…
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Regulatory Consistency Requirements in International Trade

Sep 02, 2017
Alan O. Sykes. One of the most challenging tasks for international trade agreements is to distinguish protectionist regulation from legitimate regulatory policies. An important set of tools in this regard may be termed “regulatory consistency requirements.” These include the national treatment…
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Liberal Internationalism and the Populist Backlash

Sep 02, 2017
Eric A. Posner. A populist backlash around the world has targeted international law and legal institutions. Populists see international law as a device used by global elites to dominate policymaking and benefit themselves at the expense of the common people.…
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A (Qualified) Defense of Secret Agreements

Sep 02, 2017
Ashley S. Deeks. This article sets out to describe and defend—with certain qualifications—the use of secret commitments in contemporary practice, with a focus on those to which the United States is a party. Secret commitments should not always be viewed…
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Safeguarding the Right to Try

Jul 29, 2017
Christina Sandefur. When Jenn McNary’s son Austin was three and her son Max was just a newborn, both boys were diagnosed with Duchenne’s Muscular Dystrophy— an incurable, fatal, degenerative muscle disorder. By the time Jenn learned of a promising treatment…
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