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Articles 1 - 8 of 8

Full-Text Articles in Legal History

The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella Dec 2007

The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella

Gianluigi Palombella

The general issue addressed in this paper is the relation between the rule of law as a matter of national law, and as a matter of international law. Different institutional conceptions of this relationship give rise to different attitudes towards international law. Nonetheless, questions arise that cast doubt on age-old tenets of certain Western countries concerning the radical separability between the rule of law within the domestic system and in the international realm. The article will start considering some recent developments in the United States' treatment of alien detainees. Then it shall address the relation between domestic constitutions and international ...


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva May 2007

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Corégulation Et Responsabilité Sociale Des Entreprises, Gregory Lewkowicz, Ludovic Hennebel Jan 2007

Corégulation Et Responsabilité Sociale Des Entreprises, Gregory Lewkowicz, Ludovic Hennebel

Gregory Lewkowicz

This paper analyses the evolution of corporate social responsibility from an empirical and a theoretical point of view. After having described the framework of a theory of coregulation, the authors scrutinize the main regulatory instruments used in the context of corporate social responsibility. They demonstrate that the evolution of corporate social responsaibility delineates a new regulatory logic peculiar to a globalizing legal world. The paper concludes stating that this logic could be a paradigm for the study of an emerging global law.


From Human Rights To Fundamental Rights: On The Consequences Of A Conceptual Distinction, Gianluigi Palombella Jan 2007

From Human Rights To Fundamental Rights: On The Consequences Of A Conceptual Distinction, Gianluigi Palombella

Gianluigi Palombella

This article introduces a peculiar distinction between "human" rights and "fundamental" rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and burdens, opposing features and values (neutral, pre-political, negotiable, democratic, etc.). On the contrary, we should accept - on one side - human rights as moral visions of what is due to human beings, deontological imperatives, even if abstract. But on the other side we cannot ignore the ethical problems: e.g. those resulting from their blind implementation. We need to enhance the institutional, legal and ethical-political meaning of "fundamental" rights, i.e ...


Rights As Norms And As Ends, Gianluigi Palombella Jan 2007

Rights As Norms And As Ends, Gianluigi Palombella

Gianluigi Palombella

This article considers the narratives of law through the lens of the form-substance devide. Different legal theories have provided for opposite definitions of law, legal rules and individual rights, enhancing their identity as due to some substantive content or, on the contrary, to some formal-functional features. The form-substance antinomy reflects both institutional and theoretical reasons. It bears down on the relations envisaged among rights, norms and ends. Different conceptions of rights are best understood as a special articulation of those three terms, and offer different patterns for rights, depending on their relation-opposition with collective ends, ethical values, legislation. The following ...


Reasons For Justice, Rights And Future Generations, Gianluigi Palombella Jan 2007

Reasons For Justice, Rights And Future Generations, Gianluigi Palombella

Gianluigi Palombella

This article focuses on some very "fundamental threats" to future generations' leaving, and considers whether most essential interests of future persons not to be harmed can be construed as rights, and in particular as human rights, as much as present persons'. The framework refers essentially to a conceptual grammar of justice. Moreover, it is suggested to articulate rights through the lens of "disposability" and "non-disposability" principles. Finally, the article shows the reasons for separating what we owe to future persons under the challenge of those threats for humanity, i.e. a matter of justice, from our right to hand down ...


Public Power And Private Purpose: Odious Debt And The Political Economy Of Hegemony, Deborah M. Weissman, Louis A. Pérez Jr. Jan 2007

Public Power And Private Purpose: Odious Debt And The Political Economy Of Hegemony, Deborah M. Weissman, Louis A. Pérez Jr.

Deborah M. Weissman

This Article examines the process by which overlapping interests between private bankers and government translates into influence and power mediated through the use of bank loans as instruments of foreign policy. The article suggests the market transactions often act as a matter of U.S. interests. It makes use of historical narratives not only as means to document the origins of the Odious Debt doctrine, but also to demonstrate the complexity attending efforts to create an Odious Debt doctrine that might function in law. The International Lending Supervision Act, the Baker plan and Brady initiative - policies reinforced through legal interpretations ...