Final published version
Research output: Contribution to Journal/Magazine › Journal article
Research output: Contribution to Journal/Magazine › Journal article
}
TY - JOUR
T1 - The migration of constitutional ideas to regional and international economic law
T2 - the case of proportionality
AU - Vadi, Valentina
PY - 2015
Y1 - 2015
N2 - The adjudication of regional and international economic disputes has become the final frontier in the migration of constitutional ideas. The migration of these ideas across different branches of law has become increasingly common, building bridges between different legal systems, furthering judicial dialogue, and allowing judicial borrowing. Scholars, adjudicators and practitioners“establish a transnational legal discourse and act as merchants of law.”Against this background, this study investigates the migration of constitutional ideas to regional and international economic law by focusing on the migration of the concept of proportionality from constitutional law to European Union (EU) law and international investment law. The article shows that while the concept of proportionality has analytical merits, it also presents a number of pitfalls when applied to the context of economic disputes.
AB - The adjudication of regional and international economic disputes has become the final frontier in the migration of constitutional ideas. The migration of these ideas across different branches of law has become increasingly common, building bridges between different legal systems, furthering judicial dialogue, and allowing judicial borrowing. Scholars, adjudicators and practitioners“establish a transnational legal discourse and act as merchants of law.”Against this background, this study investigates the migration of constitutional ideas to regional and international economic law by focusing on the migration of the concept of proportionality from constitutional law to European Union (EU) law and international investment law. The article shows that while the concept of proportionality has analytical merits, it also presents a number of pitfalls when applied to the context of economic disputes.
M3 - Journal article
VL - 35
SP - 557
EP - 589
JO - Northwestern Journal of International Law and Business
JF - Northwestern Journal of International Law and Business
SN - 0196-3228
IS - 3
ER -