Key Publications

At this webpage we present the major publications of the members of our research group.

For a more detailed overview of our research output, we kindly refer you to our members personal pages.

Herwig, A., ‘WTO non-violation or situation complaints : a remedy for extraterritorial effects on the human right to an adequate standard of living’, Global Policy (2012), 471-475.

(This publication links to the line of research "Multilevel Good Governance")

The article is the first to develop the argument that the non-violation remedy in WTO law can be used to bring forward claims for compensation against WTO members whose trade policies infringe the human right to an adequate standard of living in another WTO member. It combines analyses in two areas of international law, WTO law and human rights law and was selected for inclusion in a special section whose aim was to showcase innovation in legal research. Global Policy is a Web of Science journal with an Impact Factor of 1.206. The journal was created by the London School of Economics and Political Science and is directed at academics in international law, international relations and at international policy makers. This publication has therefore contributed to the international visibility and reputation of the Antwerp research group in international law and policy.

Pavlakos, G. ‘Between Reason and Strategy. Some Reflections on the Normativity of Proportionality’ in Huscroft, G., Miller, B. and Webber, G. (eds) Proportionality and the Rule of Law: Rights, Justification, Reasoning (Cambridge, Cambridge University Press 2014), 90-119.

(The lines of research have been recently revised. This publication featured in the "Law and Cosmopolitan Values" line of research, but now ressorts under the new line"Rule of Law and Constitutionalism".)

The paper appears in a state of the art volume on the theory and practice of proportionality, which collects some of the leading legal and constitutional thinkers internationally (amongst others: T.R.S Allan, T Endicott, D Dyzenhaus, M Kumm, K Moeller, I Porat, G Webber, F Schauer). The volume, published by a leading international university press, seeks to steer the debate of proportionality in new directions and is likely to have significant impact on the relevant debates. The approach in the paper combines legal theory with constitutional theory and seeks to identify fresh research avenues within the legal debate on proportionality, at both the domestic and the supra-national levels.

Popelier P. and Van de Heyning, C., ‘Procedural rationality : giving teeth to the proportionality analysis’, European constitutional law review, (2013) 230-262.

(This publication links to the line of research "Governance and Public Decision Making".)

This contribution advocates the use of procedural rationality review by courts, which imposes a rationalized decision making process by rule-makers – both executives and Parliaments. It is published in a Web of Science journal which is identified as a top publication for the evaluation of TTBOF-researchers. It gives evidence of the collaboration of authors within the research group and the group’s strategy to encourage co-autorship, as it is co-authored by both a junior and a senior member.

Vanheule Dirk, Witlox Frank - Asylum legislation and asylum applications: a geographical analysis of Belgian asylum policy by country of origin (1992-2003) International migration,129-147.

(This publication links to the line of research "Governance and Diverse Societies".)

This article is published in a Web of Science journal. It studies, in an interdisciplionary way, the potential impact of changes in legislation on flows of asylum seekers. It gives evidence of the group’s strategy to encourage co-authored publications and collaborate with experts in non-legal disciplines.

J. Velaers, J. Vanpraet, Y. Peeters and W. Vandenbruwaene (eds), De zesde staatshervorming: instellingen, bevoegdheden en middelen, Antwerp, Intersentia, 2014, 1034 p.

(This publication links to the line of research "Rule of Law and Constitutionalism".)

This book was the first to broadly discuss the sixth state reform that took place in 2014, and gives evidence of the group's leading position regarding state reform and federalism in Belgium. It demonstrates the group's coherence and its strategy to collaborate, bringing together junior and senior researchers. The book contains articles written by ten members of the research group, as well as articles written by members of other research groups and by practitioners. The book gives evidence of the group’s intra-disciplinary approach, bringing together contributions by constitutionalists, fiscal experts, social security experts, financial experts, etc. It also demonstrates the group's multidisciplinary approach: while most contributions take a legal approach, the volume also contains non-legal contributions.