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Articles 1 - 21 of 21
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo
Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo
Javier Revelo-Rebolledo
No abstract provided.
Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo
Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo
Javier Revelo-Rebolledo
The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad
The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad
Mary Alice Haddad
How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through …
La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas
La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
Michael Diathesopoulos
This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …
La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
Javier E Revelo-Rebolledo
No abstract provided.
Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
Javier E Revelo-Rebolledo
No abstract provided.
Reformas Políticas Y Reelección. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas
Reformas Políticas Y Reelección. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas
Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
Expertos Y Seguidores. Poder Nominador Del Presidente, Burocracia Y Capacidad Del Estado Colombiano, 2002-2010, Javier Revelo-Rebolledo
Expertos Y Seguidores. Poder Nominador Del Presidente, Burocracia Y Capacidad Del Estado Colombiano, 2002-2010, Javier Revelo-Rebolledo
Javier Revelo-Rebolledo
No abstract provided.
Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos
Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos
Michael Diathesopoulos
This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …
From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad
From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad
Mary Alice Haddad
How do undemocratic civic organizations become compatible with democratic civil society? How do local organizations merge older patriarchal, hierarchical values and practices with newer more egalitarian, democratic ones? This article tells the story of how volunteer fire departments have done this in Japan. Their transformation from centralized war instrument of an authoritarian regime to local community safety organization of a full-fledged democracy did not happen overnight. A slow process of demographic and value changes helped the organization adjust to more democratic social values and practices. The way in which this organization made the transition offers important lessons for emerging democracies …
Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre
Unifying The Field Of Comparative Judicial Politics: Towards A General Theory Of Judicial Behaviour, Arthur Dyevre
Arthur Dyevre
The field of judicial politics had long been neglected by political scientists outside the United States. But the past twenty years have witnessed considerable change. There is now a large body of scholarship on European courts and judges. And judicial politics is on its way to become a sub-field of comparative politics in its own right. Examining the models used in the literature, this article suggests that the geographical convergence is also bringing about theoretical convergence. One manifestation of theoretical convergence is that models of judicial decision-making once deemed inapplicable in Europe are now used in studies of European courts …
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …
Miscarriage Of Chief Justice: Judicial Power And The Legal Complex In Pakistan Under Musharraf, Shoaib Ghias
Miscarriage Of Chief Justice: Judicial Power And The Legal Complex In Pakistan Under Musharraf, Shoaib Ghias
Shoaib A. Ghias
This article explores the struggle for judicial power in Pakistan under Pervez Musharraf focusing on two questions. First, how did pro-Musharraf regime judges expand judicial power, leading to a confrontation with the regime? Second, how did the bar and the bench mobilize in the struggle for judicial power? The author shows how, instead of blindly supporting economic liberalization in a period of economic growth, the Supreme Court expanded power by scrutinizing questionable urban development, privatization, and deregulation measures in a virtuous cycle of public interest litigation. The author also describes how a politics of reciprocity explains the social mobilization of …
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
Book Review Of Beau Breslin, "From Words To Worlds: Exploring Constitutional Functionality", Robert Tsai
Book Review Of Beau Breslin, "From Words To Worlds: Exploring Constitutional Functionality", Robert Tsai
Robert L Tsai
This is a review of Beau Breslin's book, "From Words to Worlds: Exploring Constitutional Functionality" (Johns Hopkins, 2009). As an antidote to what he believes to be scholarly marginalization of the "unique" aspects of a written constitution, Breslin focuses attention on seven functions of such a legal text: transforming existing orders, conveying collective aspirations, designing institutions, mediating conflict, recognizing claims of subnational communities, empowering social actors, and constraining governmental authority. This review briefly critiques Breslin's functional approach and discusses two of the more pressing goals of modern constitutionalism: managing social conflict and preserving cultural heritage.
Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Anil Kalhan
This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …
How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet
How The Eu's Legal System Does And Does Not Work, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
C. Peter Erlinder
ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …