Browsing LAW Working Papers by Title

Now showing items 208-227 of 641

Title:Expansionist Intellectual Property Protection and Reductionist Competition Rules: A Trips Perspective Author(s):ULLRICH, HannsDate:2004Type:Working PaperSeries/Number:EUI LAW; 2004/03
Title:Exploring the ordoliberal paradigm : the competition-democracy nexus Author(s):DEUTSCHER, Elias; MAKRIS, StavrosDate:2017Type:Working PaperSeries/Number:EUI LAW; 2017/03Abstract:The present article purports to shed a new light on ordoliberalism and to explore its role in EU Competition Law. For this purpose, the article analyses the ordoliberal school of thought in its historical context and ...
Title:The Expulsion of the Concept of Protection from the Consumer Law and the Return of Social Elements in the Civil Law: A bittersweet polemic Author(s):MICKLITZ, Hans-WolfgangDate:2012Type:Working PaperSeries/Number:EUI LAW; 2012/03Abstract:Consumer law started in the 1960s and 1970s as consumer protection law, meant to compensate for the risks and deficiencies of the consumption society which led to an enormous increase. The target of the first generation ...
Title:The External Dimension of the Acquis Communautaire Author(s):PETROV, RomanDate:2007Type:Working PaperSeries/Number:EUI MWP; 2007/02Abstract:The aim of this article is to study the concept of the acquis communautaire in the domain of EU external relations. It is argued that the acquis communautaire varies according to the specific aims of its internal and ...
Title:The External Effects of National ECHR Judgments Author(s):ANDENÆS, Mads Tønnesson; BJØRGE, EirikDate:2012Type:Working PaperSeries/Number:Jean Monnet Working Paper; 2012/07Abstract:In their jurisprudence on the rights flowing from the European Convention on Human Rights (ECHR), national courts in Europe define their relationship with the Convention system and its authoritative arbiter, the European ...
Title:External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law Author(s):CREMONA, MariseDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/22Abstract:The following Report will be presented to the 22nd FIDE Congress to be held in Limassol, Cyprus, 1-4 November 2006. It has been prepared in response to a questionnaire devised by the General Rapporteur, Professor Piet ...
Title:The Extra-Territorialisation of EU Migration Policies and the Rule of Law Author(s):RIJPMA, Jorrit J.; CREMONA, MariseDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/01Abstract: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 ...
Title:Failure or Ideological Preconceptions – Thoughts on Two Grand Projects: The European Constitution and the European Civil Code Author(s):MICKLITZ, Hans-WolfgangDate:2010Type:Working PaperSeries/Number:EUI LAW; 2010/04Abstract:I am interested in the relationship between constitutional and private law. The two Grand Projects, the European Constitution and the European Civil Code, serve as a catalyst to develop my argument. I will first look at ...
Title:A Farewell to Constitutional Authorship? A Critique of the Presentist Turn in the Legitimacy of Constitutional Democracy Author(s):KUO, Ming-SungDate:2008Type:Working PaperSeries/Number:EUI MWP; 2008/28Abstract:“We the People” and the corresponding concept of constitutional authorship have gripped our imagination of the legitimacy of constitutional democracy since the American and French Revolutions. In contrast to this Big ...
Title:Flexibilisation of the Euro area : challenges and opportunities Author(s):BEUKERS, ThomasDate:2014Type:Working PaperSeries/Number:EUI MWP; 2014/01Abstract:This working paper explores the challenges and opportunities of a possible euro area flexibility clause. Such a clause, if introduced through a limited revision of the current EU Treaties, could be used to partially respond ...
Title:Following the Rules of the Game? A Competition Law Study of the Collective Sale of Sports Broadcasting Rights Author(s):EKLUND, ElisabethDate:1999Version:Published version of EUI LLM thesis, 1998Type:Working PaperSeries/Number:EUI LAW; 1999/01
Title:The Force and Forms of European Legal Integration Author(s):AZOULAI, LoicDate:2011-01-01Type:Working PaperSeries/Number:EUI LAW; 2011/06Abstract:This paper addresses the problem of the integration of EU law into the national legal systems. By what title can EU law impose its norms on domestic legal orders, and so much so that the conditions in which the rule-making ...
Title:A Formal Prescriptive Approach to General Principles of (International) Law Author(s):QUIRICO, OttavioDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/19Abstract:From the analytical viewpoint a norm can formally be regarded as a right-duty (or claim-obligation) relation (1) that regulates behaviour (action/inaction) (2) among subjects (3) in definite space (4) and time (5). In ...
Title:Formalising Arguments about the Burden of Persuasion Author(s):PRAKKEN, Henry; SARTOR, GiovanniDate:2007Type:Working PaperSeries/Number:EUI LAW; 2007/14Abstract: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 ...
Title:Four Visions of Constitutional Pluralism Editor(s):AVBELJ, Matej; KOMÁREK, JanDate:2008Type:Working PaperSeries/Number:EUI LAW; 2008/21Abstract:What is constitutional pluralism? What does it stand for? What does it want to achieve, contribute, or change in the European integration? Is it a viable, desirable or perhaps even an indispensable theoretical take on ...
Title:Fragmentation du droit international ou des perceptions qu'on en a? Author(s):DUPUY, Pierre-MarieDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/14
Title:Framework for Economic Development in EU External Relations Editor(s):PODSTAWA, Karolina; PUCCIO, Laura; BOTTA, Marco; DE ANDRADE CORRÊA, Fabiano; CREMONA, Marise; DUBAVA, Ilze; FAKHOURY, Tamirace; PODSTAWA, Karolina; PUCCIO, Laura; SILGA, JanineDate:2012Type:Working PaperSeries/Number:EUI LAW; 2012/01Abstract:This Working Paper is a collection of contributions presented during the Workshop "Framework for Economic Development in EU External Relations on 22nd and 23rd January 2010. The contributions explore various facets of what ...
Title:Free markets, state involvement, and the WTO : Chinese state owned enterprises (SOEs) in the ring Author(s):MAVROIDIS, Petros C.; JANOW, Merit E.Date:2017Type:Working PaperSeries/Number:EUI RSCAS; 2017/13; Global Governance Programme-256; Global EconomicsAbstract:The WTO has struggled with the treatment of nonmarket economies (NMEs). What was a nonissue in the original GATT (because of the homogeneity of participants) became quite an issue with the accession of formally centrally ...
Title:Free Trade Agreements and WTO Law: A Perspective on the Trade in Services Author(s):WANG, HengDate:2011Type:Working PaperSeries/Number:EUI MWP; 2011/05Abstract:China’s free trade agreements in services are developing at a fast pace. This paper examines the major differences between these agreements and the General Agreement on Trade in Services (GATS) and their relationship with ...
Title:Free Trade with Hazardous Products? The Emergence of Transnational Governance with Eroding State Government Author(s):JOERGES, ChristianDate:2006Type:Working PaperSeries/Number:EUI LAW; 2006/05Abstract:The historical evolution of free trade has been accompanied by a plethora of debates, concerning both its positive effects and social costs. During the last decade, the subject of these disputes has markedly changed. The ...