Browsing LAW Working Papers by Title

Title: Mary Wollstonecraft, William Thompson: deux voix/voies vers l'égalité, 1792-1825 Author(s): SPENSKY, Martine Date: 1994 Type of Publication: Working Paper Series/Report no.: EUI LAW; 1994/09

Title: Meaning, Actions, Value Judgements,A Moderate Non-Cognitivist Approach Author(s): LA TORRE, Massimo Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW; 1998/03

Title: Measuring Stateness, Ranking Political Orders: Indexes of state fragility and state failure Author(s): BHUTA, Nehal Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2012/32 Abstract: This paper examines two indexes of state failure and state fragility. It considers the wider historical context for the emergence of interest in state failure and state fragility, and examines attempts to define the concepts. ...

Title: Member States as Trustees of the Community Interest: Participating in International Agreements on Behalf of the European Community Author(s): CREMONA, Marise Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2009/17 Abstract: This paper discusses the legal effects of a seemingly paradoxical situation: an international agreement falls at least in part within the exclusive competence of the Community, and yet the Member States are parties to the ...

Title: Methodological Pluralism and its Critics in International Economic Law Research Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2012/18 Abstract: This paper (accepted for publication in the Journal of International Economic Law 15 (2012)) uses the term ‘legal methodology’ as referring to the conceptions of the sources and ‘rules of recognition’ of law, the methods ...

Title: Methodology in the New Legal World Author(s): VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang; POIARES PESSOA MADURO, Luis Miguel Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2012/13 Abstract: Law is a discipline in transition moving, among others, from a predominantly monodisciplinary dogmatic tradition towards more and more attention for multidisciplinary and empirical legal research, from a national to a more ...

Title: The Migration of Constitutional Ideas and the Migration of the Constitutional Idea: the Case of the EU Author(s): WALKER, Neil Date: 2005 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2005/04

Title: Le Ministère de la culture en France : création et organisation Author(s): FAROUX, Anne-Laurence Date: 1990 Type of Publication: Working Paper Series/Report no.: EUI LAW; 1990/09

Title: The (mis)construction of the European individual two essays on Union citizenship law Author(s): AZOULAI, Loic Date: 2014 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2014/14 Abstract: European Union law has developed a concept of Union citizenship based on a right of exit from one’s country and a consequential right of entry in another Member State of the Union. ‘Empowering’ European citizens and enabling ...

Title: A model of rights Author(s): THOMAS, Jean Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI MWP; 2013/33 Abstract: This paper articulates a model of rights. It starts from three simple intuitions about what rights are. First, rights protect an interest, that is, something that we value. For example, the right to life protects life, ...

Title: Models of the Origins of Law. An Attempt at Appraisal from the Perspective of Evolutionary Theory Author(s): ZALUSKI, Wojciech Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP; 2008/12 Abstract: In this article I make an attempt at evaluating in the light of evolutionary theory various models of the origins of law proposed in philosophical literature. I start by presenting a classification of the models. As a ...

Title: More on Presumptions and Burdens of Proof Author(s): PRAKKEN, Henry; SARTOR, Giovanni Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2008/30 Abstract: This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of ...

Title: Mountain or Molehill? A Critical Appraisal of the Commission White Paper on Governance Author(s): JOERGES, Christian; MENY, Yves; WEILER, Joseph H. H. Date: 2001 Type of Publication: Working Paper Series/Report no.: Jean Monnet Working Papers; 2001/06

Title: Multi-Level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System Author(s): PETERSMANN, Ernst-Ulrich Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2006/44 Abstract: The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little ...

Title: Multilevel Governance of Interdependent Public Goods: Theories, rules and institutions for the central policy challenge in the 21st Century Author(s): PETERSMANN, Ernst-Ulrich; PETERSMANN, Ernst-Ulrich; LAMY, Pascal; BORRELL, José; KAUL, Inge; KRATOCHWIL, Friedrich; WOUTERS, Jan; RAMOPOULOS, Thomas; ABBOTT, Frederick M.; PITARAKI, Anna; ESTY, Daniel; MOFFA, Anthony; HARTMANN, Moritz; PENCA, Jerneja; COTTIER, Thomas Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI RSCAS; 2012/23; Global Governance Programme-18 Abstract: This publication includes papers of an interdisciplinary conference in 2011 analysing multilevel governance problems of the international trading, environmental, development and rule-of-law systems as interdependent ...

Title: Multilevel Judicial Governance between Global and Regional Economic Integration. Systems: Institutional and Substantive Aspects Author(s): LAVRANOS, Nikolaos Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI MWP; 2009/41 Abstract: The Brazilian Tyres case that was adjudicated by both MERCOSUR and WTO dispute settlement bodies illustrates the issues raised by multilevel judicial governance. The relationship between regional and global trading systems ...

Title: Multilevel judicial governance in European and international economic law Author(s): PETERSMANN, Ernst-Ulrich Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2013/03 Abstract: Law and governance need to be justified vis-à-vis citizens in order to be accepted as legitimate and supported by civil society. This contribution argues that the legal and judicial methodologies of multilevel governance ...

Title: National Tax Law and the Transnational Control of State Aids - On the Need for a Further Reconciliation of Economic and Social Policy Concerns in Transnational Law Author(s): KUBE, Hanno E. Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2001/09

Title: National, European and Community Patent Protection: Time for Reconsideration Author(s): ULLRICH, Hanns Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW; 2006/41 Abstract: The completion of a Community system of unitary intellectual property protection has come to a halt when the Commission’s proposal for a Community Patent Regulation was shelved by the Council on political grounds in late ...

Title: A National-Socialist Jurist on Crime and Punishment, Karl Larenz and the So-Called 'Deutsche Rechtserneuerung' Author(s): LA TORRE, Massimo Date: 1992 Type of Publication: Working Paper Series/Report no.: EUI LAW; 1992/27

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