Browsing Department of Law (LAW) by Subject "Law"

Now showing items 21-40 of 48

Title:Human Rights Violations by Private Persons and Entities: The Case-Law of International Human Rights Courts and Monitoring Bodies Author(s):ZIEMELE, InetaDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/08; PRIV-WAR ProjectAbstract:The article sums up the state of international human rights law as concerns the issue of responsibility for human rights violations allegedly carried out by private persons and entities. It employs four main legal concepts: ...
Title:Passing the Buck: State Responsibility for Private Military Companies Author(s):HOPPE, CarstenDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/03; PRIV-WAR ProjectAbstract:States hire Private Military or Security Companies [PMSCs/contractors] in armed conflict and occupation to fulfil tasks formerly exclusively handled by soldiers, including combat, guarding and protection, and detention and ...
Title:‘We Can’t Spy … If We Can’t Buy!’: The Privatization of Intelligence and the Limits of Outsourcing ‘Inherently Governmental Functions’ Author(s):CHESTERMAN, SimonDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/02; PRIV-WAR ProjectAbstract:Though it lags behind the privatization of military services, the privatization of intelligence has expanded dramatically with the growth in intelligence activities following the 11 September 2001 attacks on the United ...
Title:Status of PMSC Personnel in the Laws of War: The Question of Direct Participation in Hostilities Author(s):SOSSAI, MirkoDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/06; PRIV-WAR ProjectAbstract:The legal status of private military and security company personnel under the law of international armed conflicts determines the rights and the privileges afforded by the law and the legal consequences deriving from the ...
Title:Obligations of States to Prosecute Employees of Private Military and Security Companies for Serious Human Rights Violations Author(s):BAKKER, ChristineDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/01; PRIV-WAR ProjectAbstract:Both in conflict and post-conflict situations, states increasingly rely on private military and security companies (PMSCs) to perform tasks which used to be carried out by their Military. Practice shows that employees of ...
Title:Litigating Abuses Committed by Private Military Companies Author(s):RYNGAERT, CedricDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/05; PRIV-WAR ProjectAbstract:One of the main tools for 'socializing' private military contractors (PMCs) is litigation. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms ...
Title:Individual Liability of Private Military Personnel under International Criminal Law Author(s):LEHNARDT, ChiaDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/04; PRIV-WAR ProjectAbstract:The article examines the present status of private military personnel under international criminal law. Perpetrators of international crimes are frequently integrated into a hierarchically structured collective, such as ...
Title:International rule of law and constitutional justice in international investment law and arbitration Author(s):PETERSMANN, Ernst-UlrichDate:2009Citation:Indiana journal of global legal studies, 2009, 16, 2, 513-533Type:ArticleAbstract:Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice ...
Title:EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility Author(s):WHITE, Nigel D.; MACLEOD, SorchaDate:2009Type:Working PaperSeries/Number:EUI AEL; 2009/07; PRIV-WAR ProjectAbstract:The European Union has developed its security competence since 1992, thus putting pressure on its Member States to provide troops for the increasing number of EU peace operations being deployed to different areas of the ...
Title:Towards a formalisation of the EU's pre-legislative procedure Author(s):RACCAH, AurélienDate:2008Citation:Revue française d'administration publique, 2008, 127, 543-558Type:ArticleAbstract:Recadrant la définition juridique du principe de subsidiarité, l'auteur de cet article soulève un point crucial difficilement perceptible d'un droit public européen, celui de la formalisation de la procédure pré-législative. ...
Title:The Extra-Territorialisation of EU Migration Policies and the Rule of Law Author(s):RIJPMA, Jorrit J.; CREMONA, MariseDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/01Abstract:This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have ...
Title:Authority, Arbitration and the Claims of the Law Author(s):VINX, LarsDate:2007Type:Working PaperSeries/Number:EUI MWP; 2007/15Abstract:This paper argues that Raz’s ‘normal justification thesis’ fails to explain how the law can meaningfully claim arbitrative authority. Given that the law’s claim to authority is usually understood to amount to (or at least ...
Title:Quantity or Quality? Re-Assessing the Role of Supreme Jurisdictions in Central Europe Author(s):BOBEK, MichalDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/36Abstract:Over the last decades, the ever growing caseload in supreme and constitutional jurisdictions all around Europe has forced some of them to reassess the role and functions they should be fulfilling. This article offers, ...
Title:Formalising Arguments about the Burden of Persuasion Author(s):PRAKKEN, Henry; SARTOR, GiovanniDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/14Abstract:This paper presents an argument-based logic for reasoning about allocations of the burden of persuasion. The logic extends the system of Prakken (2001), which in turn modified the system of Prakken & Sartor (1996) with ...
Title:The Binding Force of Babel. The Enforcement of EC Law Unpublished in the Languages of the New Member States Author(s):BOBEK, MichalDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/06Abstract:This paper explores some of the issues raised by the absence of due publication of EC secondary legislation in the languages of the new Member States after the 2004 Accession. It first lays down general principles regarding ...
Title:The Nature of Legal Concepts: Inferential Nodes or Ontological Categories? Author(s):SARTOR, GiovanniDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/08Abstract:I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and ...
Title:Reasons for Justice, Rights and Future Generations Author(s):PALOMBELLA, GianluigiDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/07Abstract:This article focuses on some very “fundamental threats” to future generations’ leaving, and considers whether most essential interests of future persons not to be harmed can be construed as rights, and in particular as ...
Title:Success Chances in Argument Games: A Probabilistic Approach to Legal Disputes Author(s):RIVERET, Régis; ROTOLO, Antonino; SARTOR, Giovanni; PRAKKEN, Henry; ROTH, BramDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/29Abstract:The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop their strategies on the basis of their appreciation of the probability that the adjudicator will accept their ...
Title:Report of the International Conference “The EU, the US and the Reform of the United Nations: Challenges and Perspectives” Author(s):MATARAZZO, Raffaello; REBASTI, EmanueleDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/12Abstract:The 2005 World Summit was announced as a “once-in-a-generation” opportunity to reform the United Nations so as to provide it with the institutional and policy tools needed to meet the challenges and threats to peace and ...
Title:Validity As Bindingness: The Normativity of Legality Author(s):SARTOR, GiovanniDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/18Abstract:I shall argue that the concept of (valid) law is a purely normative notion, irreducible to any factual description. This uncontroversial notion, which is shared by all approaching the law from the internal point of view, ...