Showing 81 - 90 of 185
A growing number of international instruments tend to define in human rights terms a rightto water possessed by each individual. How to define this right? Is it already admitted in positive international law and how to compare it with the classical customary rules of public international law...
Persistent link: https://www.econbiz.de/10005017352
This paper sets out to examine the prospects for EU constitutionalism in the light of the protracted and perhaps insuperable difficulties surrounding the ratification of the 2004 Constitutional Treaty. It argues that these difficulties simply reinforce the need for thinking about the EU's...
Persistent link: https://www.econbiz.de/10005017354
The external policies of the European Union may be viewed as the outcome of the interaction between the Member States, the European Community (acting in the context of the ‘first pillar’) and the European Union (acting on the basis of the second and third pillars). This tripartite...
Persistent link: https://www.econbiz.de/10005017355
The paper, which will be published as a chapter in Bruno de Witte and Miriam Aziz (eds.),Linguistic Diversity and European Law, analyses present day French legislation and jurisprudence applicable to the use of language. It therefore starts by reconstructing the origins of the powerful myth,...
Persistent link: https://www.econbiz.de/10005017356
This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have been put to use in order to project EU migration policies beyond the...
Persistent link: https://www.econbiz.de/10005017357
This paper examines the basis on which we might argue that there is a 'transnational' public interest in transnational policing. Is policing beyond the state simply a matter of finding points of overlap between the security interests of different national communities. If so, it appears as a...
Persistent link: https://www.econbiz.de/10005017358
This essay re-examines the concepts of Law and New Governance with a view to pursuing three cumulative objectives. First, it emphasizes that both law and new governance are deeply contested concepts whose meaning and inter-relationship cannot just be assumed or taken for granted, as is the...
Persistent link: https://www.econbiz.de/10005017359
The European regulatory space is changing. The role of private regulation is increasing more as a complement of public regulation than as an alternative to it. The emergence of new regulatory models coordinating public and private regulators has characterized the last decade. They reflect the...
Persistent link: https://www.econbiz.de/10005017360
This paper addresses self-regulation as a complementary means to harmonize and regulate European Contract Law. In the context of the paper SR is conceived as a complementary device to legislation and as a monitoring device to verify ECL implementation. Within self-regulation different players...
Persistent link: https://www.econbiz.de/10005017361
This paper sets out to examine whether and on what basis it is possible to 'carry over' the state constitutional tradition to the European Union context. It makes a case for a context-transcending five-dimensional conception of constitutionalism, embracing legal order, political system,...
Persistent link: https://www.econbiz.de/10005017362