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

Title: Assessing Non-horizontal Mergers: The role of legal rules and integration of economic analysis Author(s): SVETLICINII, Alexandr Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: This thesis is targeting a complex topic of integration of economic analysis (economic theories and evidence) into the legal framework of EU merger control. Inspired by the calls for a "more economic approach" in EU ...

Title: Le contrôle de la constitutionnalitée des accords internationaux conclus dans le cadre de l'Union Eurpéenne Author(s): GÖRANSSON, Frida-Louise Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: Ce travail étudie la tension, telle qu’elle ressort de la jurisprudence de la Cour de justice de l’Union, (la Cour) entre d’un côté la sauvegarde des principes pacta sunt servanda, de la sécurité juridique et de la protection ...

Title: State responsibility for violations of the rules on the conduct of hostilities : towards the emergence of individuals' rights? Author(s): PINZAUTI, Giulia Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: The rules on state responsibility for internationally wrongful acts foresee that states can be responsible towards subjects other than states (including individuals) in case of breaches of international rules having erga ...

Title: The Pan-European Licensing of Digital Music: The effect of the harmonisation of copyright and the role of collecting societies Author(s): FARRAND, Benjamin Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: The pan-European licensing of digital music for the non-commercial consumer is a highly topical issue in copyright law at the present time. Whereas the EU continues to strive for the further harmonisation of the internal ...

Title: User-Generated Knowledge through Legal Ontologies: How to bring the law into the Semantic Web 2.0 Author(s): FERNÁNDEZ-BARRERA, Meritxell Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: This thesis presents a study of the epistemological and cognitive assumptions which currently underlie knowledge acquisition for legal ontology engineering. The hypothesis is that such assumptions might have a qualitative ...

Title: The Equitable Theory of Humanitarian Intervention Author(s): BURKE, Ciarán J. Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: This thesis aims at the resolution of a dilemma which has been bothering international lawyers for at least two decades, namely whether armed intervention as a response to gross and massive human rights violations is ever ...

Title: Complementary Alternative Mechanisms Beyond Restitution: An interest-oriented approach to resolving international cultural heritage disputes Author(s): PETERS, Robert Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: Disputes over the restitution and return of cultural materials have steadily increased in recent years. While several restitution claims pertaining to Nazi-confiscated art have been resolved, other cases relating to the ...

Title: A Dynamic View on Normative Behavior: Agent-based models of law Author(s): MAYOR, Eunate Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: When dealing with norm compliance, we can talk about three different layers. First, law's addressees consider their potential legal liability in case they don't abide the norm. Monetary sanctions, incentives and other ...

Title: The Effects of State Succession on Cultural Property: Ownership, control, protection Author(s): JAKUBOWSKI, Andrzej Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: The purpose of this study was to investigate the legal effects of state succession on cultural property. This is not a new topic of international law. Indeed, the attempts to provide a legal framework for the cultural ...

Title: Revamping Law by Circumventing the State: Non-governmental organizations in the international management of social violence on the African continent Author(s): DEZALAY, Sara Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: This thesis explores the social usages of the law in scholarly and professional spaces, in the North, that are sites of production and legitimation of tools devised to diagnose and prescribe solutions over armed conflicts ...

Title: Market Integration through Data Protection: A EU-Mercosur analysis Author(s): VIOLA DE AZEVEDO CUNHA, Mario Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this thesis is devoted to the analysis of the role data protection plays in the integration of ...

Title: Il Consiglio dei Ministri nella procedura di codecisione: problematiche giuridiche e prassi istituzionale Author(s): CORONA, Daniela Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: No abstract available

Title: No Place for the WTO in the EU Legal Order? : EU individuals as the victims of multilevel trade governance Author(s): BAETEN, Niels Date: 2011 Type of Publication: Thesis Series/Report no.: EUI LLM theses

Title: The Interrelationship between EU Law And Private International Law in Contractual Obligations: Private autonomy, overriding mandatory provisions and a European justice area Author(s): KUIPERS, Jan-Jaap Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: The aim of this research is to analyse the interrelationship between Private International Law and European Union law in the area of contractual obligations. The Rome I Regulation on the Law Applicable to Contractual ...

Title: The Civic Citizens of Europe Legal Realities for Immigrants in Europe and the Legal Potential for their Integration Author(s): JESSE, Moritz Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: ‘After all, integration is primarily a means of removing gross inequalities between various population groups’. It could be so simple. However, practice shows that it is not. This thesis looks at legal realities regarding ...

Title: Governance and Minimum Harmonisation in the field of European Labour Law and Social Policy Author(s): HÖS, Nikolett Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: No Abstract Available

Title: The Function of Proportionality Analysis in European Law Author(s): HARBO, Tor-Inge Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: The aim of the thesis is to explore the function of proportionality analysis (PA) as a tool of judicial adjudication in European law. In this effort the author analyses in the first part of the thesis the way in which ...

Title: The Settlement of International Cultural Heritage Disputes: Towards a lex culturalis? Author(s): CHECHI, Alessandro Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: International practice in the past twenty years has shown the proliferation of a great variety of disputes concerning cultural heritage. However, no specialized dispute settlement mechanism is in place to deal with this ...

Title: The Changing Nature of Customary International Law: Methods of interpreting the concept of custom in international criminal tribunals Author(s): ARAJÄRVI, Noora Johanna Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: Article 38(1) of the Statute of the International Court of Justice lists the sources of international law: treaties, customary international law, general principles, judicial decisions and the teachings of the most highly ...

Title: The Constitutional Foundations of Competition: Economic freedom and its (self-) limitation Author(s): ANDRIYCHUK, Oles Date: 2011 Type of Publication: Thesis Series/Report no.: EUI PhD theses Abstract: The task of this thesis is to provide a conceptual analysis of the phenomenon of competition law. It argues that the competitive process represents a distinctive feature of liberal democracy. The suggested constitutional ...

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