A new generation of human rights clauses? The case of Association Agreements in the Eastern neighbourhood
(2015)
Journal Article
Ghazaryan, N. (2015). A new generation of human rights clauses? The case of Association Agreements in the Eastern neighbourhood. European Law Review, 40(3),
Outputs (17)
Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach (2015)
Journal Article
Derclaye, E., & Taylor, T. (2015). Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach. European Intellectual Property Review, 37(4),E.I.P.R. 197 The dominant justification for intellectual property rights at least in the West and international treaties is utilitarian, and more precisely based on the Chicago School of Law and Economics (first section). However, this school of thou... Read More about Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach.
Cui bono? Scope, rationales and consequences of the exemption for development procurement in the revised text of the GPA (2015)
Journal Article
La Chimia, A. (2015). Cui bono? Scope, rationales and consequences of the exemption for development procurement in the revised text of the GPAThis article critically analyses the scope and coverage of the exemption for development procurement introduced in Art II of the revised text of the GPA. It considers the implications of this exemption in terms of coherence and consistency with the G... Read More about Cui bono? Scope, rationales and consequences of the exemption for development procurement in the revised text of the GPA.
Subsidiarity and the European Convention on Human Rights (2015)
Journal Article
Mowbray, A. (2015). Subsidiarity and the European Convention on Human Rights. Human Rights Law Review, 15(2), https://doi.org/10.1093/hrlr/ngv002Theoretical views on the concept of subsidiarity are examined followed by an analysis of the origins of the principle of subsidiarity within the ECHR. The Court’s utilisation of the principle, as disclosed by the jurisprudence, is studied across thre... Read More about Subsidiarity and the European Convention on Human Rights.
Beyond the search for certainty: addressing the cross-border resolution gap (2015)
Journal Article
Mevorach, I. (2015). Beyond the search for certainty: addressing the cross-border resolution gap. Brooklyn Journal of Corporate, Financial & Commercial Law, 10(1), 183-223This Article compares the development of cross-border solutions for resolving and reorganizing commercial entities to those solutions available for financial institutions. This Article argues that the resolution regime for financial institutions need... Read More about Beyond the search for certainty: addressing the cross-border resolution gap.
‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions (2015)
Journal Article
Van Zyl Smit, D., Snacken, S., & Hayes, D. J. (2015). ‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions. Punishment and Society, 17(1), 3-26. https://doi.org/10.1177/1462474514560186Non-custodial sanctions, particularly those that are implemented in the community, have different historical roots in common and civil law jurisdictions. Nevertheless, various European instruments seek to shape the imposition and implementation of su... Read More about ‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions.
Happy IP: aligning intellectual property rights with well-being (2015)
Journal Article
Derclaye, E., & Taylor, T. (2015). Happy IP: aligning intellectual property rights with well-being. Intellectual Property Quarterly, 1,The Chicago School of the law and economics movement, on which the predominant justification for independent property rights is based in most countries, is flawed mainly because it takes economic wealth as the sole proxy for well-being. We suggest re... Read More about Happy IP: aligning intellectual property rights with well-being.