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Browsing Working Papers by Subject "Law"
Now showing items 1-20 of 26
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Title: From the Nation State to the Market: The evolution of EU private law Author(s): MICKLITZ, Hans-Wolfgang; PATTERSON, Dennis Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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: Human Rights Violations by Private Persons and Entities: The Case-Law of International Human Rights Courts and Monitoring Bodies Author(s): ZIEMELE, Ineta Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The article sums up the state of international human rights law as concerns the issue of responsibility for human rights violations allegedly carried out by private persons and entities. It employs four main legal concepts: ...
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Title: EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility Author(s): WHITE, Nigel D.; MACLEOD, Sorcha Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The European Union has developed its security competence since 1992, thus putting pressure on its Member States to provide troops for the increasing number of EU peace operations being deployed to different areas of the ...
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Title: Obligations of States to Prosecute Employees of Private Military and Security Companies for Serious Human Rights Violations Author(s): BAKKER, Christine Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Both in conflict and post-conflict situations, states increasingly rely on private military and security companies (PMSCs) to perform tasks which used to be carried out by their Military. Practice shows that employees of ...
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Title: Litigating Abuses Committed by Private Military Companies Author(s): RYNGAERT, Cedric Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: One of the main tools for 'socializing' private military contractors (PMCs) is litigation. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms ...
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Title: Status of PMSC Personnel in the Laws of War: The Question of Direct Participation in Hostilities Author(s): SOSSAI, Mirko Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The legal status of private military and security company personnel under the law of international armed conflicts determines the rights and the privileges afforded by the law and the legal consequences deriving from the ...
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Title: Individual Liability of Private Military Personnel under International Criminal Law Author(s): LEHNARDT, Chia Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The article examines the present status of private military personnel under international criminal law. Perpetrators of international crimes are frequently integrated into a hierarchically structured collective, such as ...
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Title: ‘We Can’t Spy … If We Can’t Buy!’: The Privatization of Intelligence and the Limits of Outsourcing ‘Inherently Governmental Functions’ Author(s): CHESTERMAN, Simon Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Though it lags behind the privatization of military services, the privatization of intelligence has expanded dramatically with the growth in intelligence activities following the 11 September 2001 attacks on the United ...
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Title: Passing the Buck: State Responsibility for Private Military Companies Author(s): HOPPE, Carsten Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: States hire Private Military or Security Companies [PMSCs/contractors] in armed conflict and occupation to fulfil tasks formerly exclusively handled by soldiers, including combat, guarding and protection, and detention and ...
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Title: Non-domination and the State: A Response to the Subaltern Critique Author(s): LAMBA, Rinku Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: The aim of this paper is to create some positive conceptual space for the relevance of the instrumentalities of the state when it comes to the politics of religious and multicultural accommodation. The challenge is to steer ...
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Title: Quantity or Quality? Re-Assessing the Role of Supreme Jurisdictions in Central Europe Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Over the last decades, the ever growing caseload in supreme and constitutional jurisdictions all around Europe has forced some of them to reassess the role and functions they should be fulfilling. This article offers, ...
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Title: The Binding Force of Babel. The Enforcement of EC Law Unpublished in the Languages of the New Member States Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper explores some of the issues raised by the absence of due publication of EC secondary legislation in the languages of the new Member States after the 2004 Accession. It first lays down general principles regarding ...
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Title: The Extra-Territorialisation of EU Migration Policies and the Rule of Law Author(s): RIJPMA, Jorrit J.; CREMONA, Marise Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have ...
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Title: Success Chances in Argument Games: A Probabilistic Approach to Legal Disputes Author(s): RIVERET, Régis; ROTOLO, Antonino; SARTOR, Giovanni; PRAKKEN, Henry; ROTH, Bram Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop their strategies on the basis of their appreciation of the probability that the adjudicator will accept their ...
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Title: Authority, Arbitration and the Claims of the Law Author(s): VINX, Lars Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper argues that Raz’s ‘normal justification thesis’ fails to explain how the law can meaningfully claim arbitrative authority. Given that the law’s claim to authority is usually understood to amount to (or at least ...
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Title: Formalising Arguments about the Burden of Persuasion Author(s): PRAKKEN, Henry; SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper presents an argument-based logic for reasoning about allocations of the burden of persuasion. The logic extends the system of Prakken (2001), which in turn modified the system of Prakken & Sartor (1996) with ...
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Title: The Nature of Legal Concepts: Inferential Nodes or Ontological Categories? Author(s): SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and ...
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Title: Reasons for Justice, Rights and Future Generations Author(s): PALOMBELLA, Gianluigi Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article focuses on some very “fundamental threats” to future generations’ leaving, and considers whether most essential interests of future persons not to be harmed can be construed as rights, and in particular as ...
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Title: Report of the International Conference “The EU, the US and the Reform of the United Nations: Challenges and Perspectives” Author(s): MATARAZZO, Raffaello; REBASTI, Emanuele Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The 2005 World Summit was announced as a “once-in-a-generation” opportunity to reform the United Nations so as to provide it with the institutional and policy tools needed to meet the challenges and threats to peace and ...
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Title: Une constitution courte et obscure ou claire et détaillée ? Perspectives pour la simplification des traités et la rationalisation de l’ordre juridique de l’union européenne Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper examines deals with the possibility to keep the 'acquis' of the Constitutional Treaty in terms of simplification of the EC-EU treaties and of rationalisation of the EU legal system if the Treaty establishing a ...
Now showing items 1-20 of 26
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