Browsing LAW Working Papers by Title

Title: Failure or Ideological Preconceptions – Thoughts on Two Grand Projects: The European Constitution and the European Civil Code Author(s): MICKLITZ, Hans-Wolfgang Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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-Sung Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: “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: Following the Rules of the Game? A Competition Law Study of the Collective Sale of Sports Broadcasting Rights Author(s): EKLUND, Elisabeth Date: 1999 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Force and Forms of European Legal Integration Author(s): AZOULAI, Loic Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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, Ottavio Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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, 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 ...

Title: Four Visions of Constitutional Pluralism Author(s): AVBELJ, Matej; KOMÁREK, Jan Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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-Marie Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Framework for Economic Development in EU External Relations Author(s): PODSTAWA, Karolina; PUCCIO, Laura; BOTTA, Marco; DE ANDRADE CORREA, Fabiano; CREMONA, Marise; DUBAVA, Ilze; FAKHOURY MUEHLBACHER, Tamirace; PODSTAWA, Karolina; PUCCIO, Laura; SILGA, Janine Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 Trade Agreements and WTO Law: A Perspective on the Trade in Services Author(s): WANG, Heng Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: 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, Christian Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...

Title: From Human Rights to Fundamental Rights. Consequences of a conceptual distinction. Author(s): PALOMBELLA, Gianluigi Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article introduces a peculiar distinction between “human” rights and “fundamental” rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and ...

Title: From Pont d'Avignon to Ponte Vecchio. The Resolution of Constitutional Conflicts Between the European Union and the Member States Through Principles of Public International Law Author(s): SCHMID, Christoph U. Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: From Strasbourg to Amsterdam: Prospects for the Convergence of European Social Rights Policy Author(s): SCIARRA, Silvana Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW

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: From Where Can War be Thought? Author(s): PALOMBELLA, Gianluigi Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: What is the importance of the perspective “from which” war is seen and studied? what consequences derive from its changing (e.g. thanks to legal rules and social institutions)?. The perspective question can be instantiated ...

Title: Fundamental Legal Concepts: A Formal and Teleological Characterisation Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Fundamentalisation of Social Rights Author(s): EUI Social and Labour Law Working Group Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The place and legal value of social rights in the EU Charter is only one episode (albeit a long drawn out episode, lasting since 2000)in the ongoing struggle about the ‘fundamentalisation’ of social rights, which is the ...

Title: The Future of Environmental Law: International and European Perspectives [COLLECTED REPORTS 2004-2005] Author(s): EUI - Working Group on Environmental Law Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The materials collected in this Working Paper are the result of intensive and interactive discussions that took place in the Working Group on Environmental Law of the European University Institute during the 2004-2005 ...

Title: The Future of International Economic Law: A Research Agenda Author(s): PETERSMANN, Ernst-Ulrich Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This final chapter draws conclusions from the second edition of Constitutionalism, Multilevel Trade Governance and International Economic Law by discussing the diverse conceptions of international economic regulation ...

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