Browsing EJLS - European Journal of Legal Studies Articles by Title

Now showing items 351-367 of 367

Title:Unjust factors or legal ground? : absence of basis and the English law of unjust enrichment Author(s):NEUMAYER, NathalieDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 119-139Type:ArticleAbstract:Traditionally, there are two main approaches to enrichment by transfer, the common law ‘unjust factors’ approach and the civilian ‘absence of basis’ approach. In the aftermath of the so-called ‘swaps cases’, Peter Birks ...
Title:The validity of treaties concluded under coercion of the state : sketching a TWAIL critique Author(s):DEL NEGRO, GuilhermeDate:2017Citation:European journal of legal studies, 2017, Vol. 10, No. 1, pp. 39-60Type:ArticleAbstract:The invalidity of treaties based on non-military coercion remains one of the biggest unresolved problems within the law of treaties. It paradoxically combines great certainty and clarity on the side of soft law with ...
Title:Vers un marché unique numérique : géoblocage et portabilité transfrontière des services de contenu en ligne dans l’Union Européenne Author(s):LAPENTA, GaetanoDate:2017Citation:European journal of legal studies, 2017, Vol. 9, No. 2, pp. 135-170Type:ArticleAbstract:Le blocage géographique constitue une barrière aux antipodes d’un marché numérique sans frontières. Cet article vise tout d’abord à vérifier si de tels obstacles, motivés principalement par le morcellement du cadre juridique ...
Title:Victorian antics : the persistence of the 'law as craft' mindset in the critical legal imagination Author(s):QUIROGA-VILLAMARÍN, Daniel RicardoDate:2021Citation:European journal of legal studies, 2021, Vol. 13, No. 1, pp. 101-116Type:ArticleAbstract:At the risk of circularity, I would like to begin my review of Ntina Tzouvala's innovative monograph Capitalism as Civilisation (CaC) with a reference to one of her own book reviews. Or, perhaps more precisely, to the ...
Title:Virtues, Perfectionism and Natural Law Author(s):MANGINI, MicheleDate:2010Citation:European Journal of Legal Studies, 2010, 3, 1, 99-127, Comparing LawType:ArticleAbstract:Many contend that liberalism is weak from the point of view of value orientation, because it neglects that central part of human experience which is expressed by substantive ideas of the good, such as human flourishing, ...
Title:The ‘War on Terror’ and the United Kingdom’s Constitution Author(s):ELLIOTT, MarkDate:2007Citation:European Journal of Legal Studies, 2007, 1, 1Type:ArticleAbstract:That its “unwritten” nature makes the United Kingdom’s constitution extremely flexible is a truism if not a cliché. It is, nevertheless, a phenomenon that has never been more clearly evident than in the last ten years. No ...
Title:Wedding a Critical Legal Pluralism to the Laws of Close Personal Adult Relationships Author(s):MACDONALD, Roderick; MCMORROW, ThomasDate:2007Citation:European Journal of Legal Studies, 2007, 1, 1Type:ArticleAbstract:Among private lawyers trained in Western European or Western European-derived legal traditions there is broad consensus about the central features of law. This consensus crystallizes around the features that distinguish ...
Title:What 'if'? : the emerging epistemic community of international criminal law Author(s):HOLTERMANN, Jakob v. H.; KJÆR, Anne LiseDate:2019Citation:European journal of legal studies, 2019, SI, pp. 49-90Type:ArticleAbstract:Using international criminal law as a case study, this article aims to demonstrate how computer-assisted corpus linguistics combined with philosophy of law and sociology of science can help improve our understanding of ...
Title:What does it take to be a loyal member : revisiting the ‘good membership’ obligations in the law of international organizations Author(s):ZHUNUSSOVA, Tleuzhan Date:2022Citation:European journal of legal studies, 2022, Vol. 14, No. 1, pp. 65-101Type:ArticleAbstract:The goal of this article is to examine the nature and the scope of the 'good membership' obligations that every state acquires as a consequence of its membership in international organizations. While the concept of membership ...
Title:Which courts matter most? : measuring importance in the EU preliminary reference system Author(s):OVÁDEK, Michal; WIJTVLIET, Wessel; GLAVINA, MonikaDate:2020Citation:European journal of legal studies, 2020, Vol. 12, No. 1, pp. 121-155Type:ArticleAbstract:In this article we contribute to a recent strand of literature that revisits the role of hierarchically different national courts in the process of European integration. While the received view emphasizes the dominance of ...
Title:Whiteness in the Ivory tower Author(s):JACOB-OWENS, Timothy Craig Date:2021Citation:European journal of legal studies, 2021, Vol. 13, No. 1, pp. 1-13Type:ArticleAbstract:It is fitting that perhaps the most common metaphor used to refer to academic institutions evokes an image of whiteness. The European University Institute (EUI) – our host institution, whose new logo features an actual ...
Title:Who has the final say? : the relationship between international, EU and national law Author(s):KIRCHMAIR, LandoDate:2018Citation:European journal of legal studies, 2018, Vol. 10, pp. 47-100Type:ArticleAbstract:A key focus of much scholarly attention is on the (theoretical) relationship between legal orders. The practical question I intend to answer in this article is the following: how can we know who has the final say – ...
Title:Winning the Global Development Challenge - Book Review; John W. HEAD, Losing the Global Development War: A Contemporary Critique of the IMF, the World Bank, and the WTO, Leiden, Nijhoff, 2008 Author(s):VADI, Valentina Date:2009Citation:European Journal of Legal Studies, 2009, 2, 2, 102-115Type:Article
Title:Women, and all of us : Article 5(a) CEDAW as a protection for all gendered individuals Author(s):GILLERI, Giovanna Date:2024Citation:European journal of legal studies, 2024, Vol. 15, No. 2, pp. 137-170Type:ArticleAbstract:This article explains the disruptive potential of Article 5(a) of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) building on psychoanalytical, feminist and queer theories. Reading ...
Title:World Heritage and the Heritage of the World – Book Review; F. FRANCIONI and F. LENZERINI, The 1972 World Heritage Convention: A Commentary, Oxford, Oxford University Press, 2008 Author(s):LIXINSKI, LucasDate:2008Citation:European Journal of Legal Studies, 2008, 2, 1, 371-386Type:Article
Title:The Yearning for Unity and the Eternal Return of the Tower of Babel Author(s):CARTY, AnthonyDate:2007Citation:European Journal of Legal Studies, 2007, 1, 1Type:ArticleAbstract:International lawyers frequently aspire to affirm the existence of international community and the presence of authority to speak on its behalf. However by forcing a hierarchical representation of legal values upon nations, ...
Title:You cannot eat critique : on uncritical critical (legal) theory and the poverty of bullshit Author(s):EVANS, MatthewDate:2021Citation:European journal of legal studies, 2021, Vol. 13, No. 1, pp. 187-222Type:ArticleAbstract:This article reflects upon critical theory, focusing especially on critical legal theory, particularly in relation to human rights. Positing that much critical theory is in fact uncritical, the article argues that critical ...