Title:Sub-national challenges to Europe’s constitutional structure
Author(s):FINCK, MichèleDate:2012Type of Publication:ThesisSeries/Report no.:EUI LLM thesesAbstract:This LL.M. thesis investigates how European Union law reacts when sub-national actors behave as an autonomous level of public authority. It will look at how supranational law has traditionally dealt with sub-national actors ...
Title:Lex Mercatoria in International Arbitration Theory and Practice
Author(s):ELCIN, MertDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This dissertation suggests a new theory of lex mercatoria that takes into account the complex and spontaneous order of international commerce. Since the emphasis is put on the nature of this order, the concept of lex ...
Title:State Immunity, Human Rights and the Necessity of Alternative Means of Redress
Author(s):VARA JACOBO, Marcos OctavioDate:2012Type of Publication:ThesisSeries/Report no.:EUI LLM thesesAbstract:In its judgment of February 3, 2012, the International Court of Justice (ICJ) determined that the deprivation of State immunity by the Italian national courts was contrary to international law. The Court decided this matter ...
Title:Human Rights Protection Against Private Expropriation: The case of a squeeze-out rule
Author(s):MARCISZ, Ewa MariaDate:2012Type of Publication:ThesisSeries/Report no.:EUI LLM thesesAbstract:The thesis below provides a study on a squeeze-out rule. It is analyzed in the context of other rules of modern private law which allow for deprivations of property rights for the benefit of private individuals. A squeeze-out ...
Title:Abuse of Union Law and Regulation of the Internal Market
Author(s):SAYDÉ, AlexandreDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:Abuses of Union law can be defined as undesirable choices of law made by Union citizens. The treatment of choices of law by Union citizens has proved inconsistent under Union law, being alternatively endorsed (Centros) or ...
Title:EU Cartel Enforcement: Reconciling effective public enforcement with fundamental rights
Author(s):SCORDAMAGLIA-TOUSIS, AndreasDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:In light of the growing importance fundamental rights have acquired in competition enforcement and of the ramifications of the Lisbon Treaty (EU accession to the ECHR, binding Charter), this thesis assesses two paramount ...
Title:Fundamental Rights in Europe: Challenges and transformations of a multilevel system in comparative perspective
Author(s):FABBRINI, FedericoDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This PhD thesis deals with the protection of fundamental rights in Europe. Today, in Europe, fundamental rights are simultaneously protected at the levels of the states, of the European Union and of the European Convention ...
Title:An Affront to the Conscience of Humanity: Enforced disappearance in international human rights law
Author(s):KYRIAKOU, NikolasDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This PhD thesis takes issue with the practice of enforced disappearance as a multiple and complex human rights violation and covers various topics related to enforced disappearance. The point of departure is the historical ...
Title:Nuclear Export Controls and the Fight Against Nuclear Weapons Proliferation
Author(s):VISKI, AndreaDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:Combating nuclear weapons proliferation involves diplomacy, nuclear safety and security, disarmament measures, intelligence, effective safeguards, and many other strategies. One of the most important non-proliferation ...
Title:Landscape as Public Space: The role of international and EU law in the protection of landscape in Europe
Author(s):STRECKER, AmyDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This thesis deals with the protection of landscape in international law. It focuses mainly on Europe. Landscape has gained increasing importance on the international stage since the inclusion of ‘cultural landscapes’ within ...
Title:The Relevance of Critical Race Theory to Europe
Author(s):MOSCHEL, MathiasDate:2011-01-01Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This Ph.D. thesis offers a fresh look at the difficult connection between race and law in the continental European context. So far, the analysis of race and racism in legal scholarship has mainly occurred in terms of ...
Title:Copyright in the digital environment : ontologies of copyright and digital works
Author(s):DE FILIPPI, PrimaveraDate:2011Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:The advent of Internet and digital technologies has radically transformed the way information is being produced and consumed. The consequences for copyright law are twofold. While digital media provide new opportunities ...
Title:Lawyers or Liars? Is world hunger suable in court?
Author(s):GALTUNG, IreneDate:2011Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:If, the right to food (which includes the right to safe drinking water) is a justiciable right (i.e. a right that is claimable in court), then people can claim it, which is precisely why it is argued to be non-justiciable. ...
Title:Comparative Reasoning in European Supreme Courts: A study in foreign persuasive authority
Author(s):BOBEK, MichalDate:2011Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This study deals with the use of comparative arguments as non-mandatory (persuasive) authority in judicial decision-making at the level of national supreme jurisdictions. The study has two elements: empirical and theoretical. ...
Title:The International Responsibility of the European Union: From competence to normative control
Author(s):DELGADO CASTELEIRO, AndrésDate:2011Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This thesis addresses the question of when the European Union is internationally responsible. More precisely, it examines the extent to which the European Union and its Member States bear responsibility for the violations ...