Browsing by Subject "human rights"

Title: Human Rights and International Economic Law: Common constitutional challenges and changing structures Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This contribution is based on my lecture at the SIDI XVI annual meeting of the Italian Society of International Law in June 2011 at Catania. Section I of this contribution recalls that – due to the ‘dual’ and ‘incomplete ...

Title: International Economic Law in the 21st Century: Need for stronger ‘democratic ownership’ and cosmopolitan reforms Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article, accepted for publication in the 2012 Polish Yearbook of International Law, argues that – in order to make international economic law (IEL) a more effective instrument for protecting human rights and other ...

Title: Sovereign Immunity and the Enforcement of International Cultural Property Law Author(s): PAVONI, Riccardo Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The present paper examines the intersection of the law of State immunity and cultural property issues. The primary interest in undertaking this investigation lies in the fact that, while immunity from seizure and other ...

Title: Methodological Pluralism and its Critics in International Economic Law Research Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper (accepted for publication in the Journal of International Economic Law 15 (2012)) uses the term ‘legal methodology’ as referring to the conceptions of the sources and ‘rules of recognition’ of law, the methods ...

Title: Much Ado About Nothing? (Publication Review: M. T. Kamminga & M. Scheinin, The Impact of Human Rights Law on General International Law (Oxford University Press 2009) Author(s): REITER-KORKMAZ, Axelle Date: 2011-01-01 Type of Publication: Article

Title: Ambient Intelligence and the Right to Privacy: The challenge of detection technologies Author(s): MONTELEONE, Shara Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Unprecedented advances in Information Communication Technologies (ICT) and their involvement in most of private and public activities are revolutionizing our daily life and the way we relate to our environment. If, on ...

Title: Publication Review: D. Anagnostou & E. Psychogiopoulou (eds.), The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context (Leiden: Martinus Nijhoff Publishers, 2010) Author(s): RUIBAL, Alba Date: 2011 Type of Publication: Article

Title: The Arab Spring and the Crisis of the European Border Regime: Manufacturing Emergency in the Lampedusa Crisis Author(s): CAMPESI, Giuseppe Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: The so-called Arab Spring has thrown out of kilter the precarious balance on which the Euro-Mediterranean border-control regime has been built over the years, illustrating the need to set this regime on a new foundation. ...

Title: Transitional Justice: A Conceptual and Normative Framework for Combating Terrorism in Occupied Territories Author(s): QUESADA ALCALA, Carmen; ZAKERIAN, Mehdi Date: 2010 Type of Publication: Article Abstract: Transitional justice generally refers to a range of approaches, judicial and non-judicial, that States may use to build the transition from violence and repression to societal stability and peace. The term “transitional ...

Title: The Future of International Economic Law: A Research Agenda Author(s): PETERSMANN, Ernst-Ulrich Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This final chapter draws conclusions from the second edition of Constitutionalism, Multilevel Trade Governance and International Economic Law by discussing the diverse conceptions of international economic regulation ...

Title: International Economic Law and ‘Public Reason’: Why Do Governments Fail To Protect International Public Goods More Effectively? Author(s): PETERSMANN, Ernst-Ulrich Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Is the ineffective protection of international public goods (like an efficient world trading and financial system), and thereby also of interrelated national public goods (like a common market undistorted by anti-dumping ...

Title: Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’ Author(s): PETERSMANN, Ernst-Ulrich Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution ...

Title: Unilateral Exceptions to International Law: Systematic Legal Analysis and Critique of Doctrines that Seek to Deny or Reduce the Applicability of Human Rights Norms in the Fight against Terrorism Author(s): SCHEININ, Martin; VERMEULEN, Mathias Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper on unilateral exceptions to human rights and international law in the fight against terrorism seeks to take stock of a whole range of arguments, doctrines or constructions that states may resort to when seeking ...

Title: Challenging the EU Counter-terrorism Measures through the Courts Author(s): CREMONA, Marise; FRANCIONI, Francesco; POLI, Sara Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This collection of papers examines the implications of the European Court of Justice’s approach to UN-related counter-terrorism measures against individuals (so-called ‘smart sanctions’), as expressed by its ruling in Case ...

Title: Judging Judges: Do Judges Meet their Constitutional Obligation to Settle Disputes in Conformity with ‘Principles of Justice and International Law’? Author(s): PETERSMANN, Ernst-Ulrich Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This contribution argues that the universal recognition of human rights requires judges to take human rights more seriously in their judicial settlement of disputes “in conformity with the principles of justice and ...

Title: Using Rights to Re-invent Secularism in France and Turkey Author(s): BARRAS, Amélie Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI RSCAS Abstract: For the last two decades the human rights' discourse has been increasingly used across the world - one could argue that there has even been a globalization of human rights. This discourse has also, been intrinsically linked ...

Title: Moral Responsibility and Global Justice. A Human Rights Approach Author(s): CHWASZCZA, Christine Date: 2007 Type of Publication: Book Abstract: Arguing for a dual role of human rights as legal rights and moral standards of legitimacy, Chwaszcza extends their role as normative correctives of the achieved status quo in law and political practice to international ...

Title: Private and Public Autonomy Revisited: Jürgen Habermas’ Concept of Co-Originality in Times of Globalisation and the Militant Security State Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper examines the concept of constituent power and constitutional form in Jürgen Habermas’ legal philosophy. It argues that a concept of constituent power needs to be embedded in a constitutional theory that can ...

Title: European Constitutional Identity? Author(s): SADURSKI, Wojciech Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal ...

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