Erasmus Law Review

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  • Introduction: Public Values and Public Participation in Decision-Making in Times of Privatisation
  • Public Participation in Times of Privatisation: A Human Rights Analysis
  • Public Participation in Environmental Matters: An Assessment of the Aarhus Convention
  • Public Participation and the Private Sector: The Role of Multilateral Development Banks in the Evolution of International Legal Standards
• Past Issues
  • Volume 01 Issue 01
    • INTRODUCTION
    • THE EUROPEAN PUBLIC ORDER, CONSTITUTIONAL PRINCIPLES AND FUNDAMENTAL RIGHTS
    • PUBLIC ORDER IN EUROPEAN LAW
    • THE HARMONISATION OF CONTRACT LAW IN EUROPE BY MEANS OF THE HORIZONTAL EFFECT OF FUNDAMENTAL RIGHTS?
    • HARMONISING EFFECTS OF FUNDAMENTAL RIGHTS IN EUROPEAN CONTRACT LAW
  • Volume 01 Issue 02
    • INTRODUCTION: COLLECTIVE INTERESTS , ‘PRÊT À PORTER’ JUSTICE?
    • THE PREVENTIVE FUNCTION OF COLLECTIVE ACTIONS FOR DAMAGES IN CONSUMER LAW
    • RECOGNITION AND RES JUDICATA OF US CLASS ACTION JUDGMENTS IN EUROPEAN LEGAL SYSTEMS
    • DUE PROCESS IN INTERNATIONAL MASS CLAIMS
  • Volume 01 Issue 03
    • INTRODUCTION: MULTI- AND INTERDISCIPLINARITY: MERE THEORY OR JUST PRACTICE?
    • ESTABLISHING RELATIONS BETWEEN LAW AND OTHER FORMS OF THOUGHT AND LANGUAGE
    • FACING THE INTERFACE: FORENSIC PSYCHIATRY AND THE LAW
    • A SUITABLE BOY: THE ABOLITION OF FEUDALISM IN INDIA
    • ECLECTICISM IN LAW AND ECONOMICS
  • Volume 01 Issue 04
    • INTRODUCTION: THE IMPACT OF GUIDO CALABRESI ON LAW AND ECONOMICS SCHOLARSHIP
    • GUIDO CALABRESI ON TORTS: ITALIAN COURTS AND THE CHEAPEST COST AVOIDER
    • THE DICHOTOMY BETWEEN PROPERTY RULES AND LIABILITY RULES: EXPERIENCES FROM GERMAN LAW
    • PROPERTY RULES, LIABILITY RULES AND PATENT MARKET FAILURE
    • CALABRESI AND BEHAVIOURAL TORT LAW AND ECONOMICS
    • Video: Prof. Guido Calabresi: Dies Natalis 8 november 2008
  • Volume 01 Issue 05
    • INTRODUCTION: STAYING OUT OF COURT
    • STAYING OUT OF COURT? RESERVATIONS ABOUT A SUPPOSED PRACTICE AND A POPULAR POLICY
    • ADMINISTRATIVE MEASURES IN CRIME CONTROL
    • REPUTATIONAL SANCTIONS IN PRIVATE AND PUBLIC REGULATION
    • EUROPEAN STRATEGIC INTELLIGENCE: HOW FAR INTEGRATION?
  • Volume 02 Issue 01
    • INTRODUCTION: OBSERVING THE RULE OF LAW IN THE EUROPEAN UNION-SELECTED ISSUES
    • THE EU RULE OF LAW: CUTTING PATHS THROUGH CONFUSION
    • MERGER CONTROL AND THE RULE OF LAW
    • CONCERN ABOUT THE QUALITY OF EU LEGISLATION: WHAT KIND OF PROBLEM, BY WHAT KIND OF STANDARDS
  • Volume 02 Issue 02
    • INTRODUCTION: THE MANY FACETS OF PRECAUTIONARY LOGIC
    • PREVENTION, PRECAUTION, LOGIC AND LAW
    • A PRECAUTIONARY- PRINCIPLED APPROACH TOWARDS UNCERTAIN RISKS: REVIEW AND DECISION-THEORETIC ELABORATION
    • THE MEANING OF THE PRECAUTIONARY PRINCIPLE FOR THE ASSESSMENT OF CRIMINAL MEASURES IN THE FIGHT AGAINST TERRORISM
    • PRECAUTIONARY CULTURE AND THE RISE OF POSSIBILISTIC RISK ASSESSMENT
    • NEITHER ACCEPTABLE NOR CERTAIN - COLD WAR ANTICS FOR 21ST CENTURY PRECAUTIONARY CULTURE
    • PRECAUTIONARY LOGIC AND A POLICY OF MODERATION
  • Volume 02 Issue 03
    • INTRODUCTION: THE POSSIBILITIES OF COMPARATIVE LAW METHODS FOR RESEARCH ON THE RULE OF LAW IN A GLOBAL CONTEXT
    • VERTICAL COMPARATIVE LAW METHODS: TOOLS FOR CONCEPTUALISING THE INTERNATIONAL RULE OF LAW
    • INSTITUTIONAL TRANSPLANTATION AND THE RULE OF LAW: HOW THIS INTERDISCIPLINARY METHOD CAN ENHANCE THE LEGITIMACY OF INTERNATIONAL ORGANISATIONS
    • RESEARCHING CIVIL REMEDIES FOR INTERNATIONAL CORRUPTION: THE CHOICE OF THE FUNCTIONAL COMPARATIVE METHOD
    • COMPARATIVE LAW METHOD IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LIGHT OF THE RULE OF LAW
  • Volume 02 Issue 04
    • INTRODUCTION: THE JUSTICIABILITY OF ESC RIGHTS AND THE INTERDEPENDENCE OF ALL FUNDAMENTAL RIGHTS
    • STANDARDS TO MAKE ESC RIGHTS JUSTICIABLE: A SUMMARY EXPLORATION
    • PROTECTING SOCIO-ECONOMIC RIGHTS THROUGH THE EUROPEAN CONVENTION ON HUMAN RIGHTS: TRENDS AND DEVELOPMENTS IN THE EUROPEAN COURT OF HUMAN RIGHTS
    • JUSTICIABILITY OF THE RIGHT TO EDUCATION
    • JUSTICIABILITY OF THE RIGHT TO HEALTH – ACCESS TO MEDICINES THE SOUTH AFRICAN AND INDIAN EXPERIENCE
    • LEGAL ENFORCEMENT OF SOCIAL RIGHTS: ENABLING CONDITIONS AND IMPACT ASSESSMENT
  • Volume 03 Issue 01
    • Introducing, Defining and Balancing 'Autonomy vs. Paternalism'
    • Consumer Bankruptcy: A Third Way Between Autonomy and Paternalism in Private Law
    • Regulating Consumer Demand in Insurance Markets
    • Mandatory Contract Law: Functions and Principles in Light of the Proposal for a Directive on Consumer Rights
    • The Role of Information Deficiencies in Contract Enforcement
  • Volume 03 Issue 02
    • Introducing, Defining and Balancing 'Autonomy vs. Paternalism'
    • Informing Consumers About Themselves
    • Autonomy and Paternalism from a Common Law Perspective: Setting Aside Disadvantageous Transactions
    • Contracts and Capabilities: An Evolutionary Perspective on the Autonomy-Paternalism Debate
    • Forms of Imposed Protection in Legal History, especially in Roman Law
  • Volume 03 Issue 03
    • Introduction
    • The Racial Equality Directive And Effective Protection Against Discrimination: Mismatches Between The Substantive Law And Its Application
    • Limited Enforcement Possibilities Under European Anti-Discrimination Legislation – A Case Study Of Procedural Novelties: Actio Popularis Action In Hungary
  • Volume 03 Issue 04
    • Introduction: Contemporary Food Regulatory Regimes and the Challenges Ahead
    • The European Food Import Safety Regime under a ‘Stress Test’: The Melamine Contamination of the Global Food Supply Chain
    • The Global Arena of Food Law: Emerging Contours of a Meta-Framework
    • Regulating Halal and Kosher Foods: Different Arrangements between State, Industry and Religious Actors
    • Governing a Global Food Supply: How the 2010 FDA Food Safety Modernization Act Promises to Strengthen Import Safety in the US
  • Volume 04 Issue 01
    • Introduction: The Foundations of a European Legal Method
    • The Vicissitudes of The Hermeneutic Paradigm in The Study of Law: Tradition, Forms of Life and Metaphor
    • The Common History of European Legal Scholarship
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• Volume 02 Issue 03
• VERTICAL COMPARATIVE LAW METHODS: TOOLS FOR CON...

VERTICAL COMPARATIVE LAW METHODS: TOOLS FOR CONCEPTUALISING THE INTERNATIONAL RULE OF LAW

Aleksandar Momirov & Andria Naudé Fourie

International institutions are increasingly engaged in the exercise of public power – traditionally exercised by states – that might adversely affect individuals. Consequently, calls have arisen for checks and balances in order to provide affected individuals with adequate avenues for recourse and redress. Developing the ‘rule of law’ concept at the international level is one way in which this issue has been addressed, although only to a limited extent. This article explores the potential of comparative law methodology as a means to further this conceptualisation.

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