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Browsing Department of Law (LAW) by Subject "Law"
Now showing items 21-40 of 45
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Title: Obligations of States to Prosecute Employees of Private Military and Security Companies for Serious Human Rights Violations Author(s): BAKKER, Christine Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: 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: Passing the Buck: State Responsibility for Private Military Companies Author(s): HOPPE, Carsten Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: 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 ...
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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, Simon Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: 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 ...
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Title: Litigating Abuses Committed by Private Military Companies Author(s): RYNGAERT, Cedric Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: 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 ...
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Title: Individual Liability of Private Military Personnel under International Criminal Law Author(s): LEHNARDT, Chia Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: 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 ...
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Title: EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility Author(s): WHITE, Nigel D.; MACLEOD, Sorcha Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: 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 ...
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Title: Towards a formalisation of the EU's pre-legislative procedure Author(s): RACCAH, Aurélien Date: 2008 Type of Publication: Article Abstract: 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. ...
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Title: Quantity or Quality? Re-Assessing the Role of Supreme Jurisdictions in Central Europe Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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, ...
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Title: The Nature of Legal Concepts: Inferential Nodes or Ontological Categories? Author(s): SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: Authority, Arbitration and the Claims of the Law Author(s): VINX, Lars Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: 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 ...
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Title: The Extra-Territorialisation of EU Migration Policies and the Rule of Law Author(s): RIJPMA, Jorrit J.; CREMONA, Marise Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: Success Chances in Argument Games: A Probabilistic Approach to Legal Disputes Author(s): RIVERET, Régis; ROTOLO, Antonino; SARTOR, Giovanni; PRAKKEN, Henry; ROTH, Bram Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: Formalising Arguments about the Burden of Persuasion Author(s): PRAKKEN, Henry; SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: Reasons for Justice, Rights and Future Generations Author(s): PALOMBELLA, Gianluigi Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: The Binding Force of Babel. The Enforcement of EC Law Unpublished in the Languages of the New Member States Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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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, Emanuele Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: Une constitution courte et obscure ou claire et détaillée ? Perspectives pour la simplification des traités et la rationalisation de l’ordre juridique de l’union européenne Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper examines deals with the possibility to keep the 'acquis' of the Constitutional Treaty in terms of simplification of the EC-EU treaties and of rationalisation of the EU legal system if the Treaty establishing a ...
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Title: Cognitive automata and the law Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The legal nature of digital agents is considered, and it is argued that it is possible to attribute to such artificial entities intentional (mental) states that are legally relevant. Consequently we may recognise their ...
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Title: From Human Rights to Fundamental Rights. Consequences of a conceptual distinction. Author(s): PALOMBELLA, Gianluigi Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article introduces a peculiar distinction between “human” rights and “fundamental” rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and ...
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Title: Europäische Implementierungsforschung im XXI. Jahrhundert La recherche sur la mise en oeuvre du droit de l’Union européenne au XXIème Siècle Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper addresses the issue of implementation research in the XXIst Century. Research on the implementation of EU law and policies remains mainly centred upon the rather simplistic issue of the transposition of directives ...
Now showing items 21-40 of 45
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