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Browsing LAW Working Papers by Subject "governance"
Now showing items 1-16 of 16
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Title: Contractual Formalization and Governance of Long-Term Relationships Author(s): GOBBATO, Marco Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: In this paper I discuss the relationship between contractual formalization, contractual incompleteness and the governance of long-term relationships. I analyze data on contracts for the production and distribution of goods ... -
Title: The Architecture of Transnational Private Regulation Author(s): CAFAGGI, Fabrizio Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Conflicting interests among private actors constitute an important factor to explain why and how transnational private regulation has grown and the proliferation of standards and standard setting organizations that has ...
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Title: The Promise of European Integration. Improving the Quality of Democracy in the European Neighborhood Author(s): MAZMANYAN, Armen Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The recent research on EU’s role in democratization in the post-communist world has been primarily concerned with its new member states of Central and Eastern Europe, as well as the prospective member states. A great ...
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Title: Product Safety, Private Standard Setting and Information Networks Author(s): CAFAGGI, Fabrizio Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This essay deals with product safety and liability, looking in particular at the interaction between regulation, contract and civil liability. Risk definition, assessment and management in product safety has changed in ...
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Title: The Visible Hand of European Regulatory Private Law Author(s): MICKLITZ, Hans-Wolfgang Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The title “The Visible Hand of European Regulatory Private Law” should make clear what I identify to be the major gap not only in political discourse but also in legal doctrine and in legal theory concerning European ...
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Title: Judging Judges: Do Judges Meet their Constitutional Obligation to Settle Disputes in Conformity with ‘Principles of Justice and International Law’? Author(s): PETERSMANN, Ernst-Ulrich Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This contribution argues that the universal recognition of human rights requires judges to take human rights more seriously in their judicial settlement of disputes “in conformity with the principles of justice and ...
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Title: Locating the Public Interest in Transnational Policing Author(s): LOADER, Ian; WALKER, Neil Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper examines the basis on which we might argue that there is a 'transnational' public interest in transnational policing. Is policing beyond the state simply a matter of finding points of overlap between the ...
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Title: The Reframing of Law’s Imperial Frame: An Analysis of Jim Tully’s Theory of Post-Colonial Empire Author(s): WALKER, Neil Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper provides a constructive critique of Jim Tully's innovative body of work on the juridical nature of 'empire' in its contemporary post-colonial phase. Tully's work emphasizes the high degree of continuity between ...
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Title: Constitutionalism and the Regulation of International Markets: How to Define the ‘Development Objectives’ of the World Trading System? Author(s): PETERSMANN, Ernst-Ulrich Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The latin adage ‘ubi commercium, ibi jus’ reflects the insight that the efficiency of markets and trade depend on legal guarantees of market freedoms (such as freedom of contract, property rights), legal security (e.g. ...
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Title: Democracy and European Integration: A Legacy of Tensions, a Re-conceptualisation and Recent True Conflicts? Author(s): JOERGES, Christian Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper seeks to synthesise two concerns which are usually discussed separately One concerns the much discussed democracy deficit of the European polity. In this respect, it is considered that the democratic quality of ...
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Title: Which Governance for European Private Law? Author(s): CAFAGGI, Fabrizio Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper describes the necessity to consider the role of private rule making and the increasing importance of national regulatory agencies, in the process of European legal integration. It then focuses on the legislative ...
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Title: Participatory Governance and European Administrative Law: New Legal Benchmarks for the New European Public Order Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: European Governance is more than just a policy instrument without legal significance. Its regulatory sub-divisions, such as Comitology, the Lamfalussy procedure, and the growing number of European administrative agencies, ...
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Title: Consumer Citizenship in Postnational Constellations? Author(s): EVERSON, Michelle; JOERGES, Christian Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: It is perhaps a truism to note that ‘the consumer’ is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its ...
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Title: Private and Public Autonomy Revisited: Jürgen Habermas’ Concept of Co-Originality in Times of Globalisation and the Militant Security State Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper examines the concept of constituent power and constitutional form in Jürgen Habermas’ legal philosophy. It argues that a concept of constituent power needs to be embedded in a constitutional theory that can ...
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Title: Europäische Implementierungsforschung im XXI. Jahrhundert La recherche sur la mise en oeuvre du droit de l’Union européenne au XXIème Siècle Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper addresses the issue of implementation research in the XXIst Century. Research on the implementation of EU law and policies remains mainly centred upon the rather simplistic issue of the transposition of directives ...
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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 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 ...
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