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Browsing EJLS - European Journal of Legal Studies Articles by Issue Date
Now showing items 41-60 of 170
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Title: Enforcement of Penalty Clauses in Civil and Common Law: A puzzle to be solved by the contracting parties Author(s): MARÍN GARCÍA, Ignacio Date: 2012 Type of Publication: Article Abstract: This paper claims that there is a need for transnational rules to secure the enforcement of penalty clauses in international commercial contracts, due to the insufficiency of the contractual toolkit that parties may use ... -
Title: Delitos Culturalmente Motivados. Diversidad Cultural, Derecho e Inmigración Author(s): PÉREZ DE LA FUENTE, Oscar Date: 2012 Type of Publication: Article Abstract: This article analyses culturally motivated crimes and the use of culture as means of criminal defense. In particular, it studies the relationship between law and cultural diversity with a focus on the judicial application ...
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Title: The Convention for the Protection of All Persons from Enforced Disappearance: Moving Human Rights protection ahead Author(s): PERVOU, Ioanna Date: 2012 Type of Publication: Article Abstract: The entry into force of the Convention for the Protection of all Persons from Enforced Disappearance at the end of 2010 signified the most important step in the struggle against enforced disappearances and marked a development ...
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Title: Publication Review: Brad R. Roth, Sovereign Equality and Moral Disagreement – Premises of a Pluralist International Legal Order (Oxford University Press, 2011) Author(s): GALÁN ÁVILA, J. Alexis Date: 2012 Type of Publication: Article
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Title: The Application of Article 103 of the United Nations Charter in the European Courts: The quest for regime compatibility on fundamental rights Author(s): ISTREFI, Kushtrim Date: 2012 Type of Publication: Article Abstract: This contribution identifies and examines three approaches of the European courts to application of certain United Nations Security Council (SC) resolutions that trigger concerns for violations of fundamental rights in ...
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Title: Social Dialogue, Laval-style Author(s): ASTERITI, Alessandra Date: 2012 Type of Publication: Article Abstract: The article provides an analysis of the Laval Judgment in light of Habermas’ theory of discursive practice and compares the European social model and the Swedish system of collective agreements in light of this theory. In ...
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Title: The Evolution of Normative Legal Scholarship: The Case of Copyright Discourse Author(s): GOOLD, Patrick R. Date: 2012 Type of Publication: Article Abstract: Legal scholarship’s central function is to provide normative advice about the law. However, some academics have challenged the importance of such scholarship. Pierre Schlag argues that this function of legal scholarship ...
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Title: Putting a Leash on the Court of Justice? Preconceptions in National Methodology v Effet Utile as a Meta-Rule Author(s): MAYR, Stefan Date: 2012 Type of Publication: Article Abstract: The Court of Justice has time and again come under criticism for alleged methodological shortcomings and its dynamic approach towards interpretation. But who determines the boundaries between interpretation and admissible ...
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Title: Necessity Killed the GATT: Art XX GATT and the misleading rhetoric about 'weighing and balancing' Author(s): FONTANELLI, Filippo Date: 2012 Type of Publication: Article Abstract: Art XX GATT, listing the policy grounds available to WTO Members that wish to deviate from their GATT obligations, makes some of them conditional on a requirement of necessity in relation to the pursued interest. In their ...
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Title: Modelling the Coase Theorem Author(s): GUERRA-PUJOL, F. E. Date: 2012 Type of Publication: Article Abstract: More than fifty years ago Ronald Coase published ‘The Problem of Social Cost’. In his paper, Professor Coase presents an intriguing idea that has since become known among economists and lawyers as the ‘Coase Theorem’. ...
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Title: The Scope and the Legal Limits of the ‘Immigration Federalism’: Some comparative remarks from the American, Belgian and the Italian experiences Author(s): STRAZZARI, Davide Date: 2012 Type of Publication: Article Abstract: Traditionally, immigration has generally being conceived of as a matter to be dealt with by the national legislator. However, immigration federalism - that is, the regulatory role that sub-national territorial units, ...
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Title: Publication Review: Alexandra Gatto, Multinational Enterprises and Human Rights: Obligations under EU and International Law Author(s): TOPAL, Julien Date: 2012 Type of Publication: Article
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Title: Recognition of Contracts as Investments in International Investment Arbitration Author(s): ZIVKOVIC, Velimir Date: 2012 Type of Publication: Article Abstract: The issue of recognition of contractual rights as protected investments in international investment arbitration, primarily under the auspices of ICSID, has sparked divergent approaches in case law. Treatment of certain ...
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Title: Does ODA Grow on Trees? A Legal Analysis of REDD-ODA Finance Author(s): STEPHENSON, Sean Date: 2011-01-01 Type of Publication: Article Abstract: What sources of funding are available to enable the REDD to meet its potential in mitigating the effects of climate change? This article examines the possibilities and limits of using Official Development Assistance (ODA) ...
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Title: Harmonizing Trends vs Domestic Regulatory Frameworks: Looking for the European Law on Cross-border Cooperation Author(s): STRAZZARI, Davide Date: 2011-01-01 Type of Publication: Article Abstract: The European law of cross-border cooperation is the legal product of the interplay of different legal orders, namely the international public legal order (Madrid Outline Convention, following Protocols and international ...
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Title: Reshaping Climate Governance for Post-2012 Author(s): MONTINI, Massimiliano Date: 2011-01-01 Type of Publication: Article
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Title: Much Ado About Nothing? (Publication Review: M. T. Kamminga & M. Scheinin, The Impact of Human Rights Law on General International Law (Oxford University Press 2009) Author(s): REITER-KORKMAZ, Axelle Date: 2011-01-01 Type of Publication: Article
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Title: In Search of Consensus? (Publication Review: G.-P. Calliess & P. Zumbansen, Rough Consensus and Running Code: A Theory of Transnational Private Law (Hart, 2010)) Author(s): RIZZI, Marco Date: 2011-01-01 Type of Publication: Article
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Title: Expanding Law‘s Empire: Interpretivism, Morality and the Value of Legality Author(s): GREEN, Alexander Date: 2011-01-01 Type of Publication: Article Abstract: For interpretivist theories of law it is the value of legality that informs what counts as true legal propositions. The leading theory of legality in the interpretivist school is Ronald Dworkin’s ‘Law as Integrity’. This ...
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