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Title:The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism Author(s):SCHOLTES, Julian
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach ...


Title:Saving migrants’ basic human rights from sovereign rule Author(s):SCHMID, Lukas Nepomuk
Date:2022Citation:
- American political science review, 2022, OnlineFirst
Type:ArticleAbstract:States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, ...


Title:From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context Author(s):FELD, Leonard
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the ...

Title:Climate change and development : the global administrative law of the UNFCCC financial mechanism Author(s):LARREA, Gonzalo
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:This research deals with the legal responsibility of states to provide climate finance to developing countries in order to facilitate climate mitigation and adaptation. The research demonstrates that the area of climate ...

Title:The role of investor-state arbitration in promoting climate change mitigation : from “shield” to “sword” through renewable energy disputes? Author(s):PANG, Hui HelenDate:2022Type:Working PaperSeries/Number:EUI AEL; 2022/05; European Society of International Law PaperAbstract:In international investment law, the principle of solidarity has contributed to the growing concern for the protection of the public interests in the host state, particularly in environmental protection. It is demonstrated ...
Title:European financial solidarity : a concept in search of definition Author(s):PANASCÌ, Maria AntoniaDate:2022Type:Working PaperSeries/Number:EUI AEL; 2022/04; European Society of International Law PaperAbstract:The aim of this paper is to understand the conceptual and legal scope of financial solidarity in the European Union (EU). To this end, the paper offers a theoretical account of EU solidarity that highlights its two inherent ...
Title:Legitimacy and rationality in national and international law-making Author(s):DELLAVALLE, SergioDate:2022Type:Working PaperSeries/Number:EUI AEL; 2022/09; European Society of International Law (ESIL) PapersAbstract:The assertion that the legitimacy of law-making in international law depends on its rationality means more than just maintaining that the rules on the basis of which international norms are created have their own logic. ...
Title:The growing but uneven role of European courts in (im)migration governance : a comparative perspective Author(s):FEDERICO, Veronica; MORARU, Madalina Bianca
; PANNIA, PaolaDate:2022Citation:
- European journal of legal studies, 2022, Vol. 14, No SI, pp. 1-20
Type:ArticleAbstract:The context in which European and domestic courts adjudicate migrants' rights has never been more complicated than it has been in recent years. A socio-political reality of sequential crises (economic, refugee, rule of law ...


Title:Elevating cultural rights using international criminal law : the Asian story Author(s):VISWANATH, Raghavi
Date:2021Citation:
- Asian journal on international law, 2021, Vol. 11, No. 1, pp. 1-12
Type:ArticleAbstract:Codified in Articles 15 and 27(1)(a) of the International Covenant on Civil and Political Rights [ICCPR] and International Covenant on Economic, Social, and Cultural Rights [ICESCR], respectively, cultural rights are still ...


Title:Captured between subsidiarity and solidarity : any European added value for the Pact on migration and asylum? Author(s):MARIN, Luisa
; PISTOIA, EmanuelaDate:2021Citation:
- Freedom, security & justice : European legal studies, 2021, No. 2, pp. 167-193
Type:ArticleAbstract:Solidarity is a core value of European integration which is highly invoked at the political level as the ‘binder’ to fix the several crises the EU has faced. It has been as well put forward as a core pillar of the Pact on ...

