Browsing Department of Law (LAW) by Title

Title:Homosexual rights or wrongs? : homosexuality and the law in the United Kingdom and under the European Convention on Human Rights Author(s):MILLNS, SusanDate:1991Citation:Florence : European University Institute, 1991Type:ThesisSeries/Number:EUI; LAW; LLM Thesis

Title:The House of Lords Ruling on Torture: A and others (Appellants) v. Secretary of State for the Home Department (Respondent) Author(s):BROWN, Rory StephenDate:2006Citation:Italian yearbook of International Law, 2005, 15, 153-166Type:Article

Title:'How are you actually doing, ladies?' : indicators of gender equality through the lens of the UN Committee on the Elimination of Discrimination against Women Author(s):GILLERI, Giovanna

Date:2020Citation:The international journal of human rights, 2020, Vol. 24, No. 8, pp. 1218-1246Type:ArticleAbstract:International bodies increasingly use state-generated indicators to monitor states’ compliance with international human rights law, particularly gender equality. Among these, the UN Committee on the Elimination of ...

Title:How can obesity fit within the legal concept of 'disability'? : a comparative analysis of judicial interpretations under EU and US non-discrimination law after Kaltoft Author(s):DAMAMME, JosephDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 1, pp. 147-179Type:ArticleAbstract:The recent change of the concept of 'disability' by the Court of Justice of the European Union (CJEU) in HK Danmark (Ring and Skouboe Werge) represents a valuable progress in the pursuit of consistency between the social ...

Title:How China built the world's biggest patent office : the pressure driving mechanism Author(s):CHENG, Wenting; DRAHOS, Peter

Date:2018Citation:International review of intellectual property and competition law, 2018, Vol. 49, No. 1, pp. 5–40Type:ArticleAbstract:In 2011 China’s patent office received more patent applications than any other patent office in the world. While explanations for this patent surge focus on some relevant factors such as the use of subsidies for application ...

Title:How consumer law travels Author(s):SVETIEV, Yane

Date:2013Citation:Journal of Consumer Policy, 2013, Vol. 36, No. 3, pp. 209-230Type:ArticleAbstract:This article synthesizes a number of the findings and themes emerging from the various case studies presented about the efficacy of the transplantation process of the EU consumer acquis in some of the EU accession and new ...

Title:How do types of procedure affect the degree of politicization of European Constitutional Courts? : a comparative study of Germany, Bulgaria, and Portugal Author(s):HEIN, Michael; EWERT, StefanDate:2016Citation:European journal of legal studies, 2016, Vol. 9, No. 1, pp. 62-102Type:ArticleAbstract:Do different types of procedure affect the degree of politicization of constitutional courts in European democracies? We argue that they do and we find evidence that supports this assumption in our analysis of the German, ...

Title:How does the Grundnorm fare? : towards a theory less pure Author(s):CUFAR, Kristina

Date:2018Citation:Florence : European University Institute, 2018Type:ThesisSeries/Number:EUI; LAW; PhD ThesisAbstract:This thesis advances the argument that Kelsen‘s pure theory of law still has the potential to inform and inspire critical legal research in the postmodern world. The common view that pure theory represents an outdated, ...

Title:How EU law shapes opportunities for preliminary references on fundamental rights : discrimination, data protection and asylum Editor(s):MUIR, Elise; KILPATRICK, Claire

; MILLER, Jeffrey

; DE WITTE, Bruno

Date:2017Type:Working PaperSeries/Number:EUI LAW; 2017/17Abstract:This publication explores the impact of procedural provisions inserted in EU fundamental rights legislation (in particular non-discrimination law) that are aimed at facilitating access to court in support or on behalf of ...

Title:How Far beyond Pax Westfalica Author(s):BEAULAC, StephaneDate:2007Citation:S. HAACK and N. NEUWAHL (eds), Unresolved Issues of the European Constitution – Rethinking the Crisis, Montreal, Thémis, 2007, 383-398Type:Contribution to book

Title:How free is free? : free trade in goods between the EU and its candidate states : the case of Latvia Author(s):ZUKOVA, GalinaDate:2003Citation:Florence : European University Institute, 2003Type:ThesisSeries/Number:EUI; LAW; PhD Thesis

Title:How should Bitcoin be regulated ? Author(s):SHCHERBAK, SergiiDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 1, pp. 45-91Type:ArticleAbstract:The lack of clarity about Bitcoin’s legal framework has meant that none of the regulators across the EU have yet achieved sufficient clarity in the legal treatment of Bitcoin and its stakeholders. This uncertainty poses a ...

Title:How should the EU and other WTO members react to their WTO governance and WTO appellate body crises? Author(s):PETERSMANN, Ernst-Ulrich

Date:2018Type:Working PaperSeries/Number:EUI RSCAS; 2018/71; Global Governance Programme-331; [European, Transnational and Global Governance]; [Europe in the World]Abstract:Since 2017, the United States (US) and other World Trade Organization (WTO) members violate their legal duties and democratic mandates given by national parliaments to maintain the WTO Appellate Body (AB) as legally ...

Title:How should WTO Members react to their WTO governance crises? Author(s):PETERSMANN, Ernst-Ulrich

Date:2019Citation:World trade review, 2019, Vol. 18, No. 3, pp. 503-525Type:ArticleAbstract:Since 2017, the United States (US) and other World Trade Organization (WTO) members have been violating their legal duties and democratic mandates given by national parliaments to maintain the WTO Appellate Body (AB) as ...

Title:How the behavioural turn in law and economics vindicates the New Haven School Author(s):ESPOSITO, Fabrizio

Date:2017Citation:Oeconomia, 2017, Vol. 7, No. 3, pp. 375-406Type:ArticleAbstract:This article claims that the behavioural turn in Law and Economics vindicates the approach of the pre-turn New Haven School. Available accounts of the turn offer useful methodological insights but are unconvincing, because ...

Title:How the Theory of Dialectical Antitrust Perceives the Role of Competition Authorities Author(s):ANDRIYCHUK, OlesDate:2009Citation:Global Antitrust Review, 2009, 2, 92-100Type:Article

Title:How to constitute a global community through international law and jurisprudence? Author(s):PETERSMANN, Ernst-Ulrich

Date:2022Citation:Giuliana ZICCARDI CAPALDO (ed.), The global community : yearbook of international law and jurisprudence 2021, New York : Oxford University Press, 2022, pp. 785-823Type:Contribution to bookAbstract:United Nations law and the World Trade Organization have failed to prevent today’s unprecedented global governance problems undermining human rights and the UN sustainable development goals (SDGs). Limiting the related ...

Title:How to cope with harmful tax competition in the EU legal order : going beyond the elusive quest for a definition and the misplaced reliance on state aid law Author(s):PEROTTO, GabriellaDate:2021Citation:European journal of legal studies, 2021, Vol. 13, No. 1, pp. 309-340Type:ArticleAbstract:The European Union relies on two legal instruments for limiting harmful tax competition: the Code of Conduct for Business Taxation and state aid law. This article analyses their role in the fight against harmful tax ...

Title:How to deal with really good bad-faith interpreters : M.A. v Denmark Author(s):MOLBÆK-STEENSIG, Helga

Date:2022Citation:Utrecht journal of international and European law, 2022, Vol. 37, No. 1, pp. 59–65Type:ArticleAbstract:Can a State that no-longer officially pursues an integration agenda for a group of refugees claim integration as a legitimate aim to interfere with the fundamental rights of said group? If domestic courts’ careful consideration ...

Title:How to measure privacy-related consumer harm in merger analysis? : a critical reassessment of the EU Commission's merger control in data-driven markets Author(s):DEUTSCHER, Elias

Date:2018Type:Working PaperSeries/Number:EUI LAW; 2018/13Abstract:This study contributes to the current debate on how privacy concerns can and should be integrated into merger analysis. First, I contend that while competition authorities increasingly account for the role of personal data ...