Browsing LAW Working Papers by Issue Date

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Browsing LAW Working Papers by Issue Date

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    Title: The capabilities approach as a bridge between animals and robots  Author(s): LAUKYTE, Migle Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: In this paper I argue that robots, understood as artificially intelligent and autonomous entities, may one day be regarded as subjects of rights. The argument is built by looking at Martha Nussbaum’s capabilities approach, ...
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    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 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 ...
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    Title: Brain imaging as a diagnostic and as a communicative tool in disorders of consciousness  Author(s): BAGGIO, Giosuè; MORATTI, Sofia Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: Recently, a number of neuroimaging studies have been conducted, aimed at detecting signs of consciousness in patients with a diagnosis of vegetative or minimally conscious state. The contributions appeared during an ongoing ...
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    Title: The EU and IOSCO : an ever closer cooperation?  Author(s): MARCACCI, Antonio Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper examines the International Organization of Securities Commissions (IOSCO), and it analyzes the role played by the European Union in the landscape of international finance. The aim is to test how far we can conceive ...
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    Title: Beyond market access? : the anatomy of ASEAN’s preferential trade agreements  Author(s): KLEIMANN, David Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This study seeks to enhance the understanding of ASEAN’s external preferential trade agreements (PTA) in context of the recent growth of economic regionalism in East Asia. First, the paper compares the content of ASEAN’s ...
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    Title: Justice in a globalizing world : resolving conflicts involving workers rights beyond the nation state  Author(s): FUDGE, Judy; MUNDLAK, Guy Date: 2013 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper focuses on two examples – first, the imposition of tariffs on tires made in China and exported to the United States, which culminated in a decision of World Trade Organization’s (WTO) appellate body to uphold ...
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    Title: Another Legal Monster? An EUI debate on the fiscal compact treaty  Author(s): AZOULAI, Loic; POIARES PESSOA MADURO, Luis Miguel; DE WITTE, Bruno; CREMONA, Marise; HYVÄRINEN, Anna; KOCHAROV, Anna; ABDALLAT, Anwar; KOCHAROV, Anna Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: On 1 February 2012, member states of the European Union minus the United Kingdom and the Czech Republic agreed on the text of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (the ...
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    Title: The Commission Proposal for a "Regulation on a Common European Sales Law (CESL)": Too broad or not broad enough?  Author(s): MICKLITZ, Hans-Wolfgang; REICH, Norbert Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper which was commissioned by the Austrian Ministry of Consumer Affairs but written under the exclusive responsibility of the authors consists of three parts: The first part written jointly by the authors gives an ...
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    Title: Towards Social Environmental Justice?  Author(s): DUVAL, Antoine; MOREAU, Marie-Ange; DESJARDINS, Marie-Claude; FRANCIONI, Francesco; LAVALLÉE, Sophie; MOREAU, Marie-Ange; ORLANDO, Emmanuela; ROUX, Dominic; STAATH, Claire; WRAY, Benedict S. Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This Working Paper is the result of a workshop held at the European University Institute in November 2010. At the heart of it lies a reflection on the potentialities of a new legal concept: social environmental justice. ...
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    Title: Air Traffic Management in the Single European Sky: Standardisation of safety and liability issues  Author(s): SIMONCINI, Marta Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper aims to analyse the European system of Air Traffic Management (ATM) as a specific case study of risk regulation in the framework of the European integration process. At the present, the implementation of the ...
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    Title: The EUI Goes East: Perspectives for research on Central, Eastern and South Eastern Europe  Author(s): TRIPKOVIC, Boško Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper examines the capacities for research on Central, Eastern and South Eastern Europe (CEE/SEE) at the EUI. It consists of two layers of inquiry. The first part presents the subject-field analysis of research related ...
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    Title: Realism, Utopia and the Future of International Environmental Law  Author(s): FRANCIONI, Francesco Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In spite of its impressive development at the level of treaty law and soft law, international environmental law remains a weak and under-developed body of law. This is due especially to the persistent institutional “deficit” ...
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    Title: The Englaro Case: Withdrawal of treatment in Italy from a patient in a permanent vegetative state  Author(s): MORATTI, Sofia Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: In 2009, the international media reported the case of Eluana Englaro, a 38-year-old woman in a Permanent Vegetative State (PVS) who died following the withdrawal of her feeding tube. By the time of her death, she had been ...
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    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 ...
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    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 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 ...
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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. ...
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    Title: Cohérence et action extérieure de l’Union européenne  Author(s): HILLION, Christophe Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper examines the possible contribution of the Treaty of Lisbon to improve the coherence of EU external relations. In particular, it discusses the transformation of the consistency requirement into a structural ...
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    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 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 ...
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    Title: Statecraft, the Market State and the Development of European Legal Culture  Author(s): AFILALO, Ari; PATTERSON, Dennis; PURNHAGEN, Kai Peter Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: We consider whether the theory of the market-state can explain the features of a common European legal culture. Our thesis is that there is an extant EU legal culture, one which developed through the Europeanisation of ...
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    Title: Acceptance and Social Rules  Author(s): PERRY, Adam Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: One of HLA Hart’s main contributions to jurisprudence is his theory of social rules. Hart claimed that a social rule has an external, behavioural aspect, and an internal, attitudinal aspect. However, Hart’s description of ...