Search results for "Law and economics"
showing 10 items of 236 documents
Some Private International Law Issues
2014
The Draft CESL is not only intended to cover intra-European transactions, but will also be applicable to contracts linked to third countries. This twofold effect raises interesting legal questions that are going to be analysed in this chapter from the perspective of Private International Law.
THE COSMOPOLITANISM OF COMMUNITIES: PUBLIC SPACE AS A GENERATOR OF EQUALITY AND DEMOCRACY
2021
The era in which we live, that of the networked society, of the society of knowledge, of globalization, the era in which everyone is connected to each other by annihilating geographical distances thanks to the dematerialization allowed by virtual processes, is the era in which the intensification of flows in every direction contrasts with the materialisation of borders and barriers, the proliferation of inequalities, social conflicts and personal hardship. The social separation corresponds, therefore, to a spatial separation, which creates stigmatized neighbourhoods, concentrations of problems in specific areas such as, among all, the suburbs and some areas of the historic centres. Then one…
Critérios de ponderação entre o direito de acesso a informações públicas e o direito à proteção de dados pessoais: lições a partir do modelo espanhol
2020
O presente artigo tem por objetivo analisar o conflito ente o direito de acesso à informação pública e o direito à proteção de dados pessoais. O primeiro estabelece que toda informação mantida por órgãos públicos é, em regra, acessível, sendo o sigilo uma exceção. O segundo, por outro lado, determina que as informações relativas a pessoas identificadas ou identificáveis devem ser protegidas e seu tratamento e transmissão a terceiros somente se permite com o consentimento do seu titular ou em situações especiais legalmente previstas. Uma vez que não existe uma hierarquia entre direitos fundamentais, diante de um pedido de informação que contenha dados pessoais, a autoridade encarregada de de…
The neorepublican challenge to egalitarian-liberalism: evaluating justifications of redistributive institutions
2019
Neorepublicans like Philip Pettit and Frank Lovett claim that neorepublicanism provides a superior normative research program compared to egalitarian-liberalism. Particularly, they argue that neore...
The Revision Procedures of the Treaty
2011
A review of the diverse reforms of constituent Treaties of the European Communities shows that the revision procedures have not occupied an outstanding place in the design of the constitutional structure of the European Union (EU). That is especially true if we consider two terms in connection: revision (of the Treaties) and ratification (by the States Parties).
THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING
2018
A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal …
The Strange Case of the Protective Perimeter: Liberties and Claims to Non-Interference
2011
In this paper I aim at pointing out some difficulties raised by the so-called thesis of the protective perimeter of liberties (ToPP), that is: the thesis according to which: neither a privilege necessarily involves a claim to non-interference, nor a claim to non-interference necessarily presupposes a privilege. As to the first aspect of the thesis, I argue that it relies on a misleading concept of ‘interference with a liberty’, which surfaces in the examples to which the thesis is made applicable. As to the second aspect of the thesis, I argue that the idea of someone having a claim to be unimpeded in wronging another person is a misleading description of the situation taken into considerat…
DECENTRALISATION AS AN INCENTIVE SCHEME
1987
Recent changes have introduced more decentralization in a number of traditionally centralized countries.1 In the case of France, it is sometimes claimed that the 1982-1983 reform of subcentral government is of historical importance. Although the principles of that reform are not contested any more by the new majority elected in 1986, opinions still differ on a number of policy issues. Some of the issues are presented in this introductory section. But the main purpose of this paper is not to expose or discuss in detail the problems of decentralization in France. As argued in the second part of the introductory section, the theoretical framework in which the policy issues of decentralization …
Sanctions for Legal Entities in South American and European Systems of Corporate Criminal Liability
2021
The present analysis of sanctions for cases of liability of legal entities for crimes (corporate criminal liability) adopts a two-fold comparative perspective. First, it focuses on the sanctions provided by the laws of those legal systems, in South America, which introduced such liability, especially in the last two decades after the United Nations’ treaties on organized crime and corruption. Then, it continues with a parallel overview of sanctioning choices in those Member States of the European Union which opted for such liability. The analysis highlights similar and different approaches both in the two contexts and within each of them. Overall, a process of “weak harmonization” of sancti…
European Collective Mark
2014
Previous chapters of Part II dealt with the protection of IGOs at the EU level, i.e. IGOs as unitary rights, through the direct protection system. However, protection of IGOs at the EU level may be ensured not only through the direct protection system, but also through trade mark protection system, namely, through protection as a Community collective mark. That protection is ensured by the Codifying Community Trade Mark Regulation, namely Title VIII containing Arts. 66–74 (previously—Arts. 64–72 of the Community Trade Mark Regulation). From the point of view of the territorial scope, Community collective mark differs from national collective marks of EU Member States. Generally trade mark l…