Browsing LAW Working Papers by Issue Date

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Browsing LAW Working Papers by Issue Date

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    Title: Areas of Application of the Charter of Fundamental Rights of the European Union: Fields of conflict?  Author(s): SAFJAN, Marek Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Although the Charter of Fundamental Rights of the European Union has already became a fully binding act of primary EU law, the controversies concerning the area of Charter's application do not seem to cease. Nevertheless, ...
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    Title: Two Concepts of Religious Freedom in the European Court of Human Rights  Author(s): BHUTA, Nehal Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper considers the way in which recent historical work on the history of freedom of religion and freedom of conscience opens up a new interpretation of the decisions of the European Court of Human Rights in the ...
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    Title: Private Regulation and Industrial Organisation: The network approach  Author(s): CAFAGGI, Fabrizio; IAMICELI, Paola Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper investigates the relation between private transnational regulation through standards and the formation of transnational networks. More particularly, focusing on standards compliance, the analysis is intended to ...
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    Title: Risk and Strict Liability: The distinct examples of Germany, the US and Russia  Author(s): BRÜGGEMEIER, Gert Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Enlightenment, natural law and economic liberalism engendered the grand concept of modern private law. Nearly simultaneously the ongoing process of industrial revolution paved the path into another modernity. Its new ...
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    Title: Social Networks e Responsabilità del Provider  Author(s): ROSATI, Eleonora; SARTOR, Giovanni Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Nelle pagine seguenti, dopo aver brevemente descritto le reti sociali e i diversi soggetti e interessi in gioco, si adotterà una prospettiva normativa, indicando quale disciplina potrebbe meglio regolare tali interessi, ...
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    Title: WIPO and the Public-Private Web of Global Intellectual Property Governance  Author(s): WECHSLER, Andrea Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: The World Intellectual Property Organization (WIPO) has always been recognized as an important international economic institution for the global governance of intellectual property (IP) law. Moreover, its role in promoting, ...
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    Title: The Handling of Insolvency within Trans-European Contractual Networks: Legal issues and possible solutions  Author(s): GIANI, Leonardo Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper tries to identify some tools which, in case of insolvency, might prove to be effective in order to take care of the specificities which characterise inter-firm contractual networks. To summarise, this paper is ...
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    Title: Sovereign Immunity and the Enforcement of International Cultural Property Law  Author(s): PAVONI, Riccardo Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The present paper examines the intersection of the law of State immunity and cultural property issues. The primary interest in undertaking this investigation lies in the fact that, while immunity from seizure and other ...
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    Title: Portrait of the EU as a Rational Man: Collective reason and democratic deficit  Author(s): PASKALEV, Vesco Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In the present paper I take a critical view on the well-known discursive dilemma which captures the difference between governance by collective reasoning or governance responsive to majoritarian will. Then I suggest the ...
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    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 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 ...
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    Title: International Economic Law in the 21st Century: Need for stronger ‘democratic ownership’ and cosmopolitan reforms  Author(s): PETERSMANN, Ernst-Ulrich Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article, accepted for publication in the 2012 Polish Yearbook of International Law, argues that – in order to make international economic law (IEL) a more effective instrument for protecting human rights and other ...
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    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 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. ...
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    Title: The European Financial Crisis: Constitutional aspects and implications  Author(s): TUORI, Kaarlo Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: With its provisions on the EMU, the Maastricht Treaty introduced a new, ’macroeconomic’ layer into the European economic constitution. The Maastricht layer of the European economic constitution was based on the following ...
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    Title: Intentional Compliance with Normative Systems  Author(s): SARTOR, Giovanni Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I will address a challenge to mentalistic theories of norms, such as that developed by Cristiano Castelfranchi and Rosaria Conte, namely, the existence of large normative systems, which successfully direct people’s thoughts ...
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    Title: Homo Economicus, Behavioural Sciences, and Economic Regulation: On the concept of man in internal market regulation and its normative basis  Author(s): FRANCK, Jens-Uwe; PURNHAGEN, Kai Peter Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In the following paper we investigate how EU law conceptualizes the individual to whom internal market regulation is addressed. To this end, we take as an analytical point of departure a stylized information paradigm, ...
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    Title: Contractual Networks and the Access of Small and Medium Enterprises to Global Value Chains  Author(s): JOPPERT SWENSSON, Luana F. Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: In the last three decades, the organisation of production has undergone major transformations, characterised by the movement from vertical integration towards de-verticalisation, with the increasing of outsourcing and ...
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    Title: Data Protection and the Prevention of Cybercrime: The EU as an area of security?  Author(s): PORCEDDA, Maria Grazia Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Cybercrime and cyber-security are attracting increasing attention, both for the relevance of Critical Information Infrastructure to the national economy and security, and the interplay of the policies tackling them with ...
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    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-Wolfgang Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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    Title: Deconstructing EU Federalism through Competences  Author(s): AZOULAI, Loic; BOUCON, Lena; ENGEL, Annegret; KOCHAROV, Anna; MANN, Dennis-Jonathan; MILLET, François-Xavier; ÖBERG, Jacob; AZOULAI, Loic; BOUCON, Lena; MILLET, François-Xavier Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper is a collective endeavour to depart from the traditional view that a clear-cut separation of powers between the European Union and its Member States is one of the main features and one of the main safeguards of ...
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    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. ...