Title:From a status to a transaction-based approach? : institutional design in European contract law
Author(s):CAFAGGI, FabrizioDate:2013Type of Publication:ArticleAbstract: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 ...
Title:China's sovereignty in international law : from historical grievance to pragmatic tool
Author(s):MULLER, WimDate:2013Type of Publication:ArticleAbstract: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 ...
Title:Fighting Hate Speech through EU Law
Author(s):BELAVUSAU, UladzislauDate:2012Type of Publication:ArticleAbstract: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, DennisDate:2012Type of Publication:ArticleAbstract: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 ...
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:Free Lunches? WTO as public good, and the WTO’s view of public goods
Author(s):MAVROIDIS, Petros C.Date:2012Type of Publication:ArticleAbstract: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 ...
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:The AOL Huffington Post Merger and Bloggers' Rights
Author(s):DALY, AngelaDate:2012Type of Publication:ArticleAbstract: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 ...
Title:Global Public Goods amidst a Plurality of Legal Orders: A symposium
Author(s):CAFAGGI, Fabrizio; CARON, David D.Date:2012Type of Publication:ArticleAbstract:A public good (an example is a lighthouse) can be produced by private parties. However, they rarely are. Rather, such goods are generally thought of in economics as a type of commodity that government often provides and ...
Title:Teleological Justification of Argumentation Schemes
Author(s):WALTON, Douglas; SARTOR, GiovanniDate:2012Type of Publication:ArticleAbstract:Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative ...
Title:Peer-to-Peer Privacy Violations and ISP Liability: Data protection in the user-generated web
Author(s):VIOLA DE AZEVEDO CUNHA, Mario; MARIN, Luisa; SARTOR, GiovanniDate:2012Type of Publication:ArticleAbstract:Since the adoption of the EU e-Commerce Directive, web hosting has dramatically changed. User-generated content is usually uploaded onto platforms that facilitate and support users in preparing content and making it ...
Title:La logica della proporzionalità: il ragionamento con magnitudini non numeriche
Author(s):SARTOR, GiovanniDate:2012Type of Publication:ArticleAbstract:This paper aims at explaining the basic logical structure of the proportionality assessments, under the assumption that such assessments are based on quantitative reasoning, even when no numbers are explicitly given. First ...
Title:Probabilistic Rule-Based Argumentation for Norm-Governed Learning Agents
Author(s):RIVERET, Régis; ROTOLO, Antonino; SARTOR, GiovanniDate:2012Type of Publication:ArticleAbstract:This paper proposes an approach to investigate norm-governed learning agents which combines a logic-based formalism with an equation-based counterpart. This dual formalism enables us to describe the reasoning of such agents ...
Title:International Organizations and Transnational Corporations at a World Court of Human Rights
Author(s):SCHEININ, MartinDate:2012Type of Publication:ArticleAbstract:This article is based on the author’s involvement in preparing a Draft Statute for a future World Court of Human Rights. The proposal seeks to modify the traditional vertical structure of human rights norms by introducing ...
Title:Transnational Private Regulation and the Production of Global Public Goods and Private 'Bads'
Author(s):CAFAGGI, FabrizioDate:2012Type of Publication:ArticleAbstract:The article focuses on the role of private regulators in the production, access regulation, and protection of global public goods (GPGs). It addresses transnational private regulation (TPR) as a public good in itself and ...
Title:Public and Private in the International Protection of Global Cultural Goods
Author(s):FRANCIONI, FrancescoDate:2012Type of Publication:ArticleAbstract:The idea of cultural heritage as an ‘international public good’ can be traced back to the Preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which ...
Title:Hell Freezes Over: A climate change for assessing exclusionary conduct under article 102 TFEU
Author(s):ROUSSEVA, Ekaterina; MARQUIS, MelDate:2012Type of Publication:ArticleAbstract: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 ...
