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Browsing EJLS - European Journal of Legal Studies Articles by Title
Now showing items 29-48 of 126
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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 ... -
Title: Democracy and (European) Private Law: A Functional Approach Author(s): SMITS, Jan M. Date: 2009 Type of Publication: Article
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Title: Do Judges Meet their Constitutional Obligation to Settle Disputes in Conformity with ‘Principles of Justice and International Law’? Author(s): PETERSMANN, Ernst-Ulrich Date: 2007 Type of Publication: Article 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: A Doctrinal Debate in the Globalisation Era: on the “Fragmentation” of International Law Author(s): DUPUY, Pierre-Marie Date: 2007 Type of Publication: Article Abstract: The fragmentation of international law is not proven, even if the dangers of its realisation are, according to some commentators, certain; but this idea already constitutes a common point, a way of thinking, within academic ...
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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: Due Process Rights and Terrorist Emergencies Author(s): NICKEL, James Date: 2007 Type of Publication: Article Abstract: This essay discusses the grounds for due process rights (DPRs) and the permissibil¬ity of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs—along with ...
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Title: Economic Freedom as Political Virtue: An Insight from the Perspective of Value Pluralism Author(s): ANDRIYCHUK, Oles Date: 2010 Type of Publication: Article Abstract: This paper considers the market process as the essence and intrinsic core of liberal democracy. It disentangles market means from welfare ends and recognises the importance, constitutional status and independent stand of ...
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Title: Editorial. From Government to Governance: Reflections on change Author(s): WRAY, Benedict S. Date: 2011 Type of Publication: Article
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Title: Editorial: In Normative Space Author(s): LIXINSKI, Lucas Date: 2008 Type of Publication: Article
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Title: The Emergence of European Movements? Civil Society and the EU Author(s): DELLA PORTA, Donatella Date: 2008 Type of Publication: Article
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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 ...
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Title: EU Citizenship as a Battle of the Concepts: Travailleur v Citoyen Author(s): STASINOPOULOS, Panos Date: 2011 Type of Publication: Article Abstract: Ever since Citizenship was introduced at EU level, the concept’s perception has varied from a mere declaratory status to a more substantial, fundamental status attached to Europeans. Regardless of whether one views Citizenship ...
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Title: The European Court of Justice in Context: Forms and Patterns of Judicial Dialogue Author(s): ROSAS, Allan Date: 2007 Type of Publication: Article Abstract: Judicial cooperation and judicial dialogue is not just a question of studying and citing judgments from other courts. A genuine dialogue requires some reciprocity and an exchange of views and experiences. The E.C.J., for ...
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Title: European Judges in a Global Society: Power, Language and Argumentation Author(s): ORDONEZ-SOLIS, David Date: 2007 Type of Publication: Article Abstract: El examen de las particularidades del ejercicio de la función jurisdiccional en una sociedad globalizada se articula en torno a tres notas esenciales que definen a todo juez: como un poder especialmente limitado a la ...
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