Managing the HIV/AIDS Pandemic: Paving a Path into the Future of International Law and Organization

Complex global interdependence continues to influence international legal and political affairs at the close of the twentieth century. As interdependence has tightened, non‐state actors have emerged in many policy areas as key political and service delivery players; often supporting increasingly prioritized human‐centered issues. Analysis of the global management of the HIV/AIDS pandemic suggests that use of international quasi‐legislation can be employed in order to create space within which to manage these changes, thus opening room for discussion about new approaches to meeting the challenges of a changing world.     

The Bosman Ruling and the Emergence of a Single Market in Soccer Talent

This paper discusses the effect of the ruling by the European Court of Justice in the Bosman case which delivered freedom of contract to professional soccer players. The result is examined in the context of modern investment theory where contracts between club and player are considered as options to renegotiate the contract or to sell the player to another party. The effects of the ruling are reconsidered in this light and the reaction of the soccer world to these effects are discussed.     

Fiscal rules in the Canadian provinces: Abject failure or qualified success?

Most Canadian provinces have introduced legislation to require politicians of all ideological stripes to meet annual balanced budget (BB) targets. Critics of this type of legislation argue that it is unnecessary, confining, and subject to manipulation. We examine provincial balanced budget legislation before and after the Great Recession and argue that the response of provinces needs to be evaluated taking into account the multiple objectives of fiscal policy and the behavioural changes that the rules introduce, including creative non‐compliance. Rules should be evaluated on their ability to contribute to good fiscal governance rather than on their stringency.     

What is a service of general economic interest?

European Journal of Law and Economics - The definition of the concept a “service of general economic interest” (SGEI) known from Article 106(2) treaty of the functioning of the European...     

The politics of self-defence: beyond a legal understanding of international norms

This contribution considers an alternative approach to the research on the use of force, a field that has been largely dominated by international legal scholars. I argue for application of an evolutionary approach to international (legal) norms, one that complements current legal approaches and moves the discussion of norms beyond their dichotomous legal/illegal understanding. This kind of research highlights the role of politics in international law and allows us to determine factors influencing dissemination of international norms. Through a study of seven post-Second World War cases, I trace the development of both narrow and expanded notion of preemptive self-defence and conclude that while ascertaining legality of specific actions is vital for understanding established international law, one cannot talk about radical breaks in development of the law on the use of force. The expanded concept is in fact a product of the evolution of (societal) norms on self-defence and an accumulation of previous successful challenges in metanorms on the use of force.     

Transcending borders: the sea as realm of memory

Asia Europe Journal - In this joint paper, ‘Transcending Borders: The Sea as Realm of Memory’, we shall discuss issues of regional integration by applying the concept of realm of memory...