Browsing LAW Working Papers by Title

Title: Sur la légitimité d'européaniser le droit privé. Pladoyer pour une approche procédurale Author(s): JOERGES, Christian Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Sustainable Development and International Law: The Way Forward Author(s): Working Group on Environmental Law Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This Working Paper collects the contributions that were elaborated for a Roundtable held at the European University Institute in May 2006. The Roundtable was meant to discuss the emergence of the new field of studies in ...

Title: Syllogism and Defeasibilty: A Comment on Neil MacCormick’s Rhetoric and the Rule of Law Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper provides a review of Rhetoric and the Rule of Law, by Neil MacCormick, focussing on the role of logic in legal reasoning. In particular it considers the connection between syllogism, formal methods and rhetoric, ...

Title: Systemic Interference and Social Segmentation of Scientific Legal Discourse: Some Theoretical Perspectives and Empirical Results in the Field of Continental Administrative Law Author(s): HEYEN, Erk Volkmar Date: 1991 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Taking Collective Interest of Consumers Seriously: A View from Poland Author(s): SAFJAN, Marek; GORYWODA, Lukasz; JANCZUK-GORYWODA, Agnieszka Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: An increased focus on consumer collective redress marks the shift from substance- to enforcement-oriented perspective in the EU consumer policy. The EU action in this regard is currently at the stage of feasibility study ...

Title: Taking International Law Seriously. On the German Approach to International Law Author(s): DUPUY, Pierre-Marie; TRAISBACH, Knut Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The short article outlines the systemic characteristics of what is identified here as the German approach to international law. Starting from the post-WW II situation of German legal scholarship, the paper describes a ...

Title: Taking Reasoning Seriously: The role of courts in enforcing argumentative rationality Author(s): PASKALEV, Vesco Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The regulation of new technologies, as well as many other areas of our increasingly complex and interdependent societies, involves high uncertainty which grants broad epistemic discretion to the usually unelected regulators. ...

Title: The Taxonomy of Law in EC Agricultural Policy: A Case Study of the Dairy Sector Author(s): SNYDER, Francis Date: 1995 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: A Teleological Approach to Legal Dialogues Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper aims at connecting two ideas that play a fundamental role in Robert Alexy’s theory of legal reasoning, namely, on the one hand the idea of a dialogue and on the other hand the idea of a value (a goal to be ...

Title: Temporal Reasoning and MAS Author(s): SMITH, Clara; ROTOLO, Antonino; SARTOR, Giovanni Date: 2010-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In this paper we investigate if it is possible and useful to reason about time within social/normative multi-agent systems (MAS) by taking into account the general guidelines of tense logic. We focus on the combination of ...

Title: Thalidomide, BSE and the Single Market: A Historical-Institutionalist Approach to Regulatory Regimes in the European Union Author(s): KRAPOHL, Sebastian Date: 2005 Series/Report no.: EUI LAW 2005/03 Abstract: The success of the European Union in regulating the safety of products in the single market differs widely. In the last decade, the regulatory regime for pharmaceuticals has functioned without raising public concerns.The ...

Title: A Theorectical Reconstruction of WTO Constitutionalism and its Implications for the Relationship with the EU Author(s): SCHMID, Christoph U. Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Theoretical and Empirical Evidence of the International Proposals and Domestic Approaches Throughout the European Union in the Case of Corporate Governance: A First Attempt at Legal Systematisation and Categorisation Author(s): PAPATHANASSIOU, Chryssa; CHIRICO, Alessandra Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Theories of Justice, Human Rights and the Constitution of International Markets Author(s): PETERSMANN, Ernst-Ulrich Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Theories of Legal Argumentation and Concepts of Law. An Approximation Author(s): LA TORRE, Massimo Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Theory of Autopoiesis as an Approach to a Better Understanding of Postmodern Law, From the Hierarchy of Norms to the Heterarchy of Changing Patterns of Lergal Inter-relationships Author(s): LADEUR, Karl-Heinz Date: 1999 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Three-dimensional Conflict of Laws in Europe Author(s): KJAER, Poul Date: 2009 Type of Publication: Working Paper Series/Report no.: ZERP - Discussion Papers Abstract: The EU is a structure which is positioned 'in-between' hierarchically organized nation-state governing structures and heterarchically structured global governance structures. Thus, the EU is a hybrid which partly relies ...

Title: Time for Integrating Human Rights into the Law of the World Trade Organization: Lessons from European Integration Law for Global Integration Law Author(s): PETERSMANN, Ernst-Ulrich Date: 2001 Type of Publication: Working Paper Series/Report no.: Jean Monnet Working Paper, Harvard Law School

Title: To Strike or not to Strike : Assessing the Legality of a Potential Strike against Iran’s Nuclear Facilities Author(s): HOFMEISTER, Hannes Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This working paper deals with a highly topical issue in public international law: the legality of a preemptive military strike against Iran’s nuclear facilities. It analyses whether such a strike would violate the ...

Title: Towards a Europeanised Judiciary? Practitioner's Experiences of National Judges with the Europeanisation of Private Law Author(s): FEIDEN, Sonja; RIEDL, Kristina Date: 2000 Type of Publication: Working Paper Series/Report no.: EUI LAW

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