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Browsing Department of Law (LAW) by Type "Article"
Now showing items 1-20 of 872
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Title: From a status to a transaction-based approach? : institutional design in European contract law Author(s): CAFAGGI, Fabrizio Date: 2013 Type of Publication: Article Abstract: The Common European Sales Law (CESL), currently under examination at the European Parliament, is intended to introduce a regime for cross-border sales that individual Member States can extend to domestic transactions ...
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Title: China's sovereignty in international law : from historical grievance to pragmatic tool Author(s): MULLER, Wim Date: 2013 Type of Publication: Article Abstract: The concept of sovereignty is at the heart of Chinese international legal discourse, as well as Chinese foreign policy. Yet there is no agreement among international lawyers, political scientists and theorists what exactly ...
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Title: Fighting Hate Speech through EU Law Author(s): BELAVUSAU, Uladzislau Date: 2012 Type of Publication: Article Abstract: This article constitutes a chapter from a forthcoming book on EU non-discrimination law (E. Ellis & K. Benediktsdóttir (eds.), Equality into Reality: Action for Diversity & Non-Discrimination). It explores the rise of the ... -
Title: Alexy on Necessity in Law and Morals Author(s): PATTERSON, Dennis Date: 2012 Type of Publication: Article Abstract: Robert Alexy has built his original theory of law upon pervasive claims for “necessary” features of law. In this article, I show that Alexy's claims suffer from two difficulties. First, Alexy is never clear about what he ...
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Title: False Extraterritoriality? Municipal and multinational jurisdiction over transnational corporations Author(s): WRAY, Benedict S.; RAFFAELLI, Rosa Date: 2012 Type of Publication: Article Abstract: 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 ...
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Title: On Pain and the Privation Theory of Evil Author(s): SAMET, Irit Date: 2012 Type of Publication: Article Abstract: 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 ...
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Title: Copyright in Diagnostic Tests: Not yet the end for fair use Author(s): ROSATI, Eleonora; ROSATI, Carlo Maria Date: 2012 Type of Publication: Article Abstract: 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 ...
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Title: Brevi note sulla giurisprudenza della Corte di giustizia dell'Unione europea in tema di pluralismo dell'informazione Author(s): BARZANTI, Fabrizio Date: 2012 Type of Publication: Article
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Title: Free Lunches? WTO as public good, and the WTO’s view of public goods Author(s): MAVROIDIS, Petros C. Date: 2012 Type of Publication: Article Abstract: The WTO can be viewed as a public good in that it provides a forum for negotiations which also produces the necessary legal framework to act as a support for agreed liberalization. To avoid any misunderstandings, in this ...
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Title: US Supreme Court Says Public Domain Works May Return to Copyright Author(s): ROSATI, Eleonora Date: 2012 Type of Publication: Article Abstract: 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 ...
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Title: Hell Freezes Over: A climate change for assessing exclusionary conduct under article 102 TFEU Author(s): ROUSSEVA, Ekaterina; MARQUIS, Mel Date: 2012 Type of Publication: Article Abstract: The ECJ's judgment in Post Danmark A/S v Konkurrencerådet seems to herald new rigour in the application of Article 102 TFEU to exclusionary pricing practices by dominant firms. The judgment clarifies that the core criterion ...
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Title: The AOL Huffington Post Merger and Bloggers' Rights Author(s): DALY, Angela Date: 2012 Type of Publication: Article Abstract: This article examines the merger between AOL and the Huffington Post. The broader issues around the merger will be investigated, especially the implication for rights, in particular free expression, and their conditions ...
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Title: Publication Review: Alexandra Gatto, Multinational Enterprises and Human Rights: Obligations under EU and International Law Author(s): TOPAL, Julien Date: 2012 Type of Publication: Article
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Title: Publication Review: Brad R. Roth, Sovereign Equality and Moral Disagreement – Premises of a Pluralist International Legal Order (Oxford University Press, 2011) Author(s): GALÁN ÁVILA, J. Alexis Date: 2012 Type of Publication: Article
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Title: Recognition of Contracts as Investments in International Investment Arbitration Author(s): ZIVKOVIC, Velimir Date: 2012 Type of Publication: Article Abstract: The issue of recognition of contractual rights as protected investments in international investment arbitration, primarily under the auspices of ICSID, has sparked divergent approaches in case law. Treatment of certain ...
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Title: The Convention for the Protection of All Persons from Enforced Disappearance: Moving Human Rights protection ahead Author(s): PERVOU, Ioanna Date: 2012 Type of Publication: Article Abstract: The entry into force of the Convention for the Protection of all Persons from Enforced Disappearance at the end of 2010 signified the most important step in the struggle against enforced disappearances and marked a development ...
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Title: European Union Law as International Law Author(s): MOORHEAD, Timothy Date: 2012 Type of Publication: Article Abstract: International law principles enable a rationalisation of the values to which the Union order aspires as a collective political and legal commitment amongst the Member States. The doctrine of Union law supremacy, which ...
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Title: Enforcement of Penalty Clauses in Civil and Common Law: A puzzle to be solved by the contracting parties Author(s): MARÍN GARCÍA, Ignacio Date: 2012 Type of Publication: Article Abstract: This paper claims that there is a need for transnational rules to secure the enforcement of penalty clauses in international commercial contracts, due to the insufficiency of the contractual toolkit that parties may use ...
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Title: Delitos Culturalmente Motivados. Diversidad Cultural, Derecho e Inmigración Author(s): PÉREZ DE LA FUENTE, Oscar Date: 2012 Type of Publication: Article Abstract: This article analyses culturally motivated crimes and the use of culture as means of criminal defense. In particular, it studies the relationship between law and cultural diversity with a focus on the judicial application ...
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Title: Collateral Damage from Criminalizing Aggression? Lawfare through aggression accusations in the Nagorno Karabakh conflict Author(s): DE HOON, Marieke Date: 2012 Type of Publication: Article Abstract: The regulation of war through the prohibition and criminalization of the act of aggression has provided a common legal language for denouncing an opponent for committing aggressive war that is used between warring sides ...
Now showing items 1-20 of 872
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