Anna Chann

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Marc Bungenberg

University of Siegen

Marc Bungenberg

Gabrielle Kaufmann-Kohler

Cesare Romano

Loyola Marymount University

Prabhakar Singh

BML Munjal University

Hélène Ruiz Fabri

Université Paris 1 - Panthéon-Sorbonne

Nino Tsereteli

Aniruddha Rajput

National Law University, Delhi.

NGA VU QUYNH

Nicole De Silva

Concordia University (Canada)

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Papers by Anna Chann

Assessing the Contribution of the International Judiciary to the Rule of Law: Elements of a Roadmap

SSRN Electronic Journal, 2015

This paper develops an analytical framework to assess the contribution of international and supra... more This paper develops an analytical framework to assess the contribution of international and supranational courts and tribunals to the rule of law at international, regional, and domestic levels. After a brief historical overview of the rise of international adjudication, it clarifies the distinction between supranational and international bodies and explores possible interpretations of the concept of the rule of law. Subsequently, the paper places the international judiciary in its political context and analyses the institutional safeguards of the courts' independence and impartiality. Finally, the authors provide a preliminary comparative analysis of the many ways in which international courts may arguably strengthen the rule of law and concludes by taking a closer look at the remaining challenges that the international judiciary faces today.

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Improving the EU's Status in the UN and the UN System: An Objective without a Strategy?

SSRN Electronic Journal, 2014

The Lisbon Treaty emphasizes the EU's commitment to multilateralism, stating that it 'shall seek ... more The Lisbon Treaty emphasizes the EU's commitment to multilateralism, stating that it 'shall seek to develop relations and build partnerships with [...] international, regional or global organisations' and to 'promote multilateral solutions to common problems, in particular in the framework of the United Nations' (Article 21(1), second para., TEU). One of its key goals in external relations is 'to support and work for effective multilateralism, with the United Nations at its core'. However these global ambitions are often not matched by the level of participation and representation that the EU enjoys in the UN and the UN system. This contribution examines some of the legal and political issues that are at play as the EU attempts to enhance its cooperation with and representation in the UN and the UN system. It examines these issues with regard to UN bodies that have been identified as targets for closer cooperation and others where the EU could potentially pursue upgraded status. It analyses both the EU's participation in the respective fora and the legal and political potential for improving the Union's status. The EU not only remains faced with a series of internal and external obstacles as a participant within the UN and the UN system, barring it from taking up its leading role at the global levelit currently also lacks a convincing strategy to overcome them.

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Brussels Meets Westphalia: The European Union and the United Nations

SSRN Electronic Journal, 2014

As 'the world's most successful case of multilateralism' the European Union has demonstrated sinc... more As 'the world's most successful case of multilateralism' the European Union has demonstrated since its early beginnings a commitment to multilateralism as the preferred form of global governance. In particular, it recognized the UN as the apex of the international system, with which the EU aspires to cooperate and through which it intends to pursue its policy objectives. However, the Union's engagement with the UN has in practice been fraught with difficulties. The EU, as a regional international organization with strong supranational features, has been faced with the challenges of multilateral diplomacy in a predominantly state-centric global institution. It has so far not only been unable to assume the aspired leadership position, but faces a general lack of effectiveness. This paper seeks to provide an overview of the legal basis for EU participation at the UN and the various forms that this participation can take. It addresses issues of EU internal coordination and external representation at the UN, takes a closer look at the practical EU-UN cooperation on the ground and highlights the ensuing challenges and opportunities. While the Lisbon reform of the EU external relations architecture has led to noticeable improvements in terms of continuity and effectiveness, considerable challenges still remain.

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Multinational Corporations in International Law

SSRN Electronic Journal, 2013

This paper analyses the status, rights and obligations of multinational corporations (MNCs) under... more This paper analyses the status, rights and obligations of multinational corporations (MNCs) under international law, focusing in particular on international human rights, investment, environmental and criminal law. Private companies wield increasing economic and social power, frequently rivalling the one of states. While they are thereby in a position to contribute to the economic and technological development of societies, they can also harm human rights, damage the environment, or commit crimes. Domestic law has proven to be insufficient to promote the positive effects of business by safeguarding a stable and reliable economic environment, and to curb the negative effects by ensuring accountability. Assessing MNCs in the framework of international law, this paper comes to the conclusion that, independent of whether or not MNCs have international legal personality, they enjoy considerable rights under international investment law and under international human rights law. Conversely, MNCs do not have binding obligations under international law, notwithstanding a range of initiatives, attempting to create, both, voluntary and non-voluntary instruments.

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Assessing the Contribution of the International Judiciary to the Rule of Law: Elements of a Roadmap

SSRN Electronic Journal, 2015

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Improving the EU's Status in the UN and the UN System: An Objective without a Strategy?

SSRN Electronic Journal, 2014

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Brussels Meets Westphalia: The European Union and the United Nations

SSRN Electronic Journal, 2014

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Multinational Corporations in International Law

SSRN Electronic Journal, 2013

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