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Articles 1 - 4 of 4
Full-Text Articles in Law
Social Movements As Constituent Power: The Italian Struggle For The Commons, Saki Bailey, Ugo Mattei
Social Movements As Constituent Power: The Italian Struggle For The Commons, Saki Bailey, Ugo Mattei
Indiana Journal of Global Legal Studies
The Italian commons (beni comuni) movement is a powerful example of the way in which social movements are emerging as the new pouvoir constituant serving not only to enforce the protections and guarantees of national constitutions but also, in the context of the declining power of the nation-state, as a counter hegemonic force against the neoliberal economic constitutionalism of the international economic institutions. The common goods social movement in Italy was born out of the concerted action of a number of civil society groups combatting neoliberal privatizations. This commons movement, as will be argued in this paper, is an instance …
The Expansion Of Trademark Rights In Europe, Irina Pak
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.
Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig
Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig
Articles by Maurer Faculty
The CJEU's judgment in Pringle saved the European Stability Mechanism from invalidity. The result was unsurprising, given that the contrary conclusion would have precipitated further crisis in the financial markets. The judgment is nonetheless highly interesting and not merely for those concerned with this aspect of EU law. This is because it contains much that is of more general relevance for the very nature of legal reasoning, and the blend of text, purpose and teleology that informs legal discourse. This article addresses two of the central claims made in the case.
The first was that the ESM was in reality …
Eu Accession To The Echr: Competence, Procedure And Substance, Paul Craig
Eu Accession To The Echr: Competence, Procedure And Substance, Paul Craig
Articles by Maurer Faculty
The issues raised by EU Accession to the ECHR have already generated a valuable and growing literature. This article seeks to contribute to this literature. The discussion begins with an overview of the European Union’s competence to accede to the European Convention on Human Rights, and the process by which the Accession Agreement was negotiated. The focus then shifts to analysis of whether the EU needs its own Charter of Rights in addition to membership of the ECHR.
This is followed by examination of a range of procedural issues raised by EU accession to the ECHR. This includes the choices …