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Browsing EJLS - European Journal of Legal Studies Articles by Type "Article"
Now showing items 1-20 of 125
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Title: Union Citizenship and Immigration: Re-thinking the classics? Author(s): CAMBIEN, Nathan Date: 2012 Type of Publication: Article Abstract: The free movement of Union citizens hinges on three ‘classic’ requirements, namely the possession of Member State nationality, the inter-State element and the condition of self-sufficiency. Recent case law of the ECJ seems ...
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Title: Collateral Damage from Criminalizing Aggression? Lawfare through aggression accusations in the Nagorno Karabakh conflict Author(s): DE HOON, Marieke Date: 2012 Type of Publication: Article Abstract: The regulation of war through the prohibition and criminalization of the act of aggression has provided a common legal language for denouncing an opponent for committing aggressive war that is used between warring sides ...
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Title: European Union Law as International Law Author(s): MOORHEAD, Timothy Date: 2012 Type of Publication: Article Abstract: International law principles enable a rationalisation of the values to which the Union order aspires as a collective political and legal commitment amongst the Member States. The doctrine of Union law supremacy, which ...
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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: 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: 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: Leviathans Welcome! (Publication Review: C. List & P. Pettit, Group Agency. The Possibility, Design and Status of Group Agents (Oxford University Press 2011)) Author(s): PASKALEV, Vesselin 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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Title: Experimenting with International Collaborative Governance for Climate Change Mitigation by Private Actors: Scaling up Dutch Co-Regulation Author(s): TELESETSKY, Anastasia Date: 2011-01-01 Type of Publication: Article Abstract: For the past two decades, international climate policy has been handled as a matter for State to State deliberation. Non-state actors have played at best marginal roles in making and implementing international policy. This ...
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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: Regulation that Defies Gravity - Policy, Economics and Law of Legal Immigration in Europe Author(s): KOCHAROV, Anna Date: 2011 Type of Publication: Article Abstract: This article offers an assessment of EU directives in the field of legal immigration in the light of the Union’s own claims of economic rationale behind its immigration policy. While stopping short of economic analysis of ...
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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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