Title:The EUI Goes East: Perspectives for research on Central, Eastern and South Eastern Europe
Author(s):TRIPKOVIC, BoškoDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The paper examines the capacities for research on Central, Eastern and South Eastern Europe (CEE/SEE) at the EUI. It consists of two layers of inquiry. The first part presents the subject-field analysis of research related ...
Title:Environmental Integration in the EU's External Relations: Beyond multilateral dimensions
Author(s):MARIN DURAN, Gracia; MORGERA, ElisaDate:2012Type of Publication:BookAbstract:The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral ...
Title:On Pain and the Privation Theory of Evil
Author(s):SAMET, IritDate:2012Type of Publication:ArticleAbstract:The paper argues that pain is not a good counter-example to the privation theory of evil. Objectors to the privation thesis see pain as too real to be accounted for in privative terms. However, the properties for which ...
Title:Realism, Utopia and the Future of International Environmental Law
Author(s):FRANCIONI, FrancescoDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:In spite of its impressive development at the level of treaty law and soft law, international environmental law remains a weak and under-developed body of law. This is due especially to the persistent institutional “deficit” ...
Title:US Supreme Court Says Public Domain Works May Return to Copyright
Author(s):ROSATI, EleonoraDate:2012Type of Publication:ArticleAbstract:Golan et al. v Holder, Attorney General, et al., US Supreme Court, 565 US (2012), 18 January 2012. In a 6-2 ruling, the US Supreme Court held that Section 514 of the Uruguay Round Agreements Act (URAA) of 1994, which ...
Title:False Extraterritoriality? Municipal and multinational jurisdiction over transnational corporations
Author(s):WRAY, Benedict S.; RAFFAELLI, RosaDate:2012Type of Publication:ArticleAbstract:This article analyses the tricky question of territoriality in respect of transnational corporations, arguing that there is a need to move away from the confines of traditional legal categories in cases where corporate ...
Title:Copyright in Diagnostic Tests: Not yet the end for fair use
Author(s):ROSATI, Eleonora; ROSATI, Carlo MariaDate:2012Type of Publication:ArticleAbstract:The authors tackle the issue of copyright protection under US law for diagnostic tests such as the Folstein Mini-Mental State Examination (MMSE). The article claims that no copyright vests in such works, these being outside ...
Title:Statecraft, the Market State and the Development of European Legal Culture
Author(s):AFILALO, Ari; PATTERSON, Dennis; PURNHAGEN, Kai PeterDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:We consider whether the theory of the market-state can explain the features of a common European legal culture. Our thesis is that there is an extant EU legal culture, one which developed through the Europeanisation of ...
Title:Acceptance and Social Rules
Author(s):PERRY, AdamDate:2012Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract:One of HLA Hart’s main contributions to jurisprudence is his theory of social rules. Hart claimed that a social rule has an external, behavioural aspect, and an internal, attitudinal aspect. However, Hart’s description of ...
Title:Constitutional Problems of Multilevel Judicial Governance in Trade and Investment Regulation
Author(s):PETERSMANN, Ernst-UlrichDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This lecture, delivered at Copenhagen Business School on 18 November 2011, examines the legal and constitutional methodologies underlying private commercial arbitration, national, regional and worldwide adjudication in ...
Title:Understanding and Assessing the EU-Russia Legal Approximation Process: The case study of competition law
Author(s):MATTA, AaronDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:Following the Europeanisation studies ‘top-out’ approach in this thesis I analyse the legal approximation process with Russia as a mechanism of acquis export in the backdrop of the various European economic integration ...
Title:The Right to Personal Identity in the Information Age: A reappraisal of a lost right
Author(s):GOMES DE ANDRADE, Norberto NunoDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This thesis presents a novel conceptualization of the right to personal identity: one that is adapted to the current technological environment in which we live, and that anticipates future technological developments. The ...
Title:Legitimacy and European Private Law
Author(s):BARTL, MarijaDate:2012Type of Publication:ThesisSeries/Report no.:EUI PhD thesesAbstract:This thesis inquires into the Legitimacy of Harmonisation of European Private law (EPL) against the background of the broader debate on the Legitimacy of the EU, and its socalled Social and Democratic deficits. While the ...
Title:From the Nation State to the Market: The evolution of EU private law
Author(s):MICKLITZ, Hans-Wolfgang; PATTERSON, DennisDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The State exists to deliver security and welfare to citizens. One of the principal functions of the State is to enhance welfare through the production of legal regimes. Law contributes to welfare in many ways, one of which ...
Title:Governmentalizing Sovereignty: Indexes of state fragility and the calculability of political order
Author(s):BHUTA, NehalDate:2012Type of Publication:Contribution to bookAbstract:This chapter examines the construction of an index of state fragility by the United States Agency of International Development. It explores the genesis of the interest in the measuring of state-ness, and describes the ...