Browsing Department of Law (LAW) by Type "Article"

Title: Den europeiske menneskerettskonvensjonen og tropper i utlandet: tilbake til folkerettens alminnelige regler Author(s): ANDENÆS, Mads Tønnesson; BJØRGE, Eirik Date: 2012 Type of Publication: Article

Title: L'application de la convention européenne des droits de l'homme : quel rôle pour le judge interne ? Author(s): ANDENÆS, Mads Tønnesson; BJØRGE, Eirik Date: 2012 Type of Publication: Article

Title: Feminismo, religión y democracia en el proceso de legalización del aborto en la ciudad de México Author(s): RUIBAL, Alba Date: 2012 Type of Publication: Article Abstract: La posición conservadora sobre el abor to ha impuesto un dogma religioso a la comunidad política en los países latinoamericanos, a través del cual se ha bloqueado la discusión pública y se han establecido prohibiciones ...

Title: Innovative Judicial Procedures and Redefinition of the Institutional Role of the Argentine Supreme Court Author(s): RUIBAL, Alba Date: 2012 Type of Publication: Article Abstract: This article addresses the way in which the Argentine Supreme Court has set out to redefine its own institutional role through its procedures and decisions, since its institutional reform in 2003. It shows that the Court ...

Title: ECJ Interprets InfoSoc Exception for Ephemeral Recordings Author(s): ROSATI, Eleonora Date: 2012 Type of Publication: Article Abstract: The Court of Justice of the European Union (ECJ) has interpreted Article 5(2)(d) of and recital 41 in the preamble to the InfoSoc Directive (Directive 2001/29), which allow EU Member States to adopt an exception or limitation ...

Title: On Netlog, ACTA and the Scope of IPR Injunctions in the EU Author(s): ROSATI, Eleonora Date: 2012 Type of Publication: Article Abstract: On 16 February this year the Court of Justice of the European Union (“CJEU”) published its decision in Case C-360/10 Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v Netlog NV (“Netlog”). This was ...

Title: Cartel Settlements: An overview of EU and national case law Author(s): MARQUIS, Mel Date: 2012 Type of Publication: Article

Title: La logica della proporzionalità: il ragionamento con magnitudini non numeriche Author(s): SARTOR, Giovanni Date: 2012 Type of Publication: Article Abstract: This paper aims at explaining the basic logical structure of the proportionality assessments, under the assumption that such assessments are based on quantitative reasoning, even when no numbers are explicitly given. First ...

Title: Probabilistic Rule-Based Argumentation for Norm-Governed Learning Agents Author(s): RIVERET, Régis; ROTOLO, Antonino; SARTOR, Giovanni Date: 2012 Type of Publication: Article Abstract: This paper proposes an approach to investigate norm-governed learning agents which combines a logic-based formalism with an equation-based counterpart. This dual formalism enables us to describe the reasoning of such agents ...

Title: International Organizations and Transnational Corporations at a World Court of Human Rights Author(s): SCHEININ, Martin Date: 2012 Type of Publication: Article Abstract: This article is based on the author’s involvement in preparing a Draft Statute for a future World Court of Human Rights. The proposal seeks to modify the traditional vertical structure of human rights norms by introducing ...

Title: Gli effetti diretti orizzontali dei diritti fondamentali in materia sociale: la sentenza Dominguez della Corte di giustizia e la strada del silenzio Author(s): LAZZERINI, Nicole Date: 2012 Type of Publication: Article

Title: Transnational Private Regulation and the Production of Global Public Goods and Private 'Bads' Author(s): CAFAGGI, Fabrizio Date: 2012 Type of Publication: Article Abstract: The article focuses on the role of private regulators in the production, access regulation, and protection of global public goods (GPGs). It addresses transnational private regulation (TPR) as a public good in itself and ...

Title: Global Public Goods amidst a Plurality of Legal Orders: A symposium Author(s): CAFAGGI, Fabrizio; CARON, David D. Date: 2012 Type of Publication: Article Abstract: A public good (an example is a lighthouse) can be produced by private parties. However, they rarely are. Rather, such goods are generally thought of in economics as a type of commodity that government often provides and ...

Title: Public and Private in the International Protection of Global Cultural Goods Author(s): FRANCIONI, Francesco Date: 2012 Type of Publication: Article Abstract: The idea of cultural heritage as an ‘international public good’ can be traced back to the Preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which ...

Title: The AOL Huffington Post Merger and Bloggers' Rights Author(s): DALY, Angela Date: 2012 Type of Publication: Article Abstract: This article examines the merger between AOL and the Huffington Post. The broader issues around the merger will be investigated, especially the implication for rights, in particular free expression, and their conditions ...

Title: Publication Review: Alexandra Gatto, Multinational Enterprises and Human Rights: Obligations under EU and International Law Author(s): TOPAL, Julien Date: 2012 Type of Publication: Article

Title: On the Rules of Standing to Challenge State Aid Decisions Adopted at the End of the Preliminary Phase Author(s): PASTOR MERCHANTE, Fernando Date: 2012 Type of Publication: Article Abstract: This contribution analyses the judgments of the Court of Justice [ECJ] in the Kronoply and Kronotex and Deutsche Post and DHL cases. Although they concern different sectors, both cases share a common procedural itinerary. ...

Title: Global Europe: The EU’s new trade policy in its legal context Author(s): RIGOD, Boris Date: 2012 Type of Publication: Article

Title: The Right to Collective Bargaining in Action: The ongoing short-circuit between economic and social dimensions Author(s): COMANDÈ, Daniela Date: 2012 Type of Publication: Article Abstract: The co-existence of a social system of industrial relations and the EU legal order poses difficult problems of coordination, which can cause friction. Practices established by the social system – collective self-made laws ...

Title: Teleological Justification of Argumentation Schemes Author(s): WALTON, Douglas; SARTOR, Giovanni Date: 2012 Type of Publication: Article Abstract: Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative ...

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