Dissertations / Theses on the topic 'Multiculturalism – Law and legislation – Europe'
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Giard, Timothée M. "The control of state aid to airlines by the European Commission /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78215.
Full textMoessner, Philipp. "Slot allocation in the United States and Europe." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99146.
Full textBoerigter, Thomas J. "Islamophobia, Pluralism, and Multiculturalism: A Comparison between Western Europe and the United States." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/330.
Full textShadley, Anna Bardes. "The Third Gate: Naturalization Legislation in Central and Eastern Europe." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1206123091.
Full textBerry, Stephanie Eleanor. "The added-value of minority rights protection for Muslims in Western Europe : multiculturalist approaches and international law." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/13871.
Full textBengtson, Christina. "National parliaments and European legislation : how scrutiny procedures have adapted and why." Thesis, University of Glasgow, 2006. http://theses.gla.ac.uk/1041/.
Full textFoerderer, Jens Peter. "An unclean deal : why the European Commission was right to block GE-Honeywell." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78213.
Full textIn spite of constant cooperative efforts during the investigation, the two antitrust agencies could not reach a common position. When scholars and officials tried to find reasons for the divergence between the American and European decisions, they often criticized the Commission's general approach of focusing on competitors rather than on consumers. They further claimed that the Commission had used dubious economic models to block the merger.
This thesis tries to reinstate the reputation of the European Commission as a professional antitrust institution. The criticisms often left the impression that the Task Force of the Directorate-General for Competition of the European Commission constituted a politically-orientated, rather than economic and legally-orientated, organ. It will be shown that this is actually not the case.
After having analyzed the Commission's decision in detail, and revealing both the strengths and weaknesses of its findings, the thesis will demonstrate that most of the criticisms have to be rejected, and that the Commission had a legal and economic basis in blocking the GE-Honeywell merger.
Kolcak, Hakan. "A centripetal formula for Turkey : a multiculturalist proposal for the resolution of the republic's long-running Kurdish question." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22313/.
Full textWunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
Full textLiu, Wai-leung, and 廖為良. "Legislative support for waste reduction initiatives." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31253805.
Full textGeoffroy, Marion. "La securite du transport aerien europeen : aspects institutionnels et juridiques." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33064.
Full textIn the course of this thesis, the above-mentioned topics will be studied, whereby a preliminary chapter will focus on the origin of the unification of European air transport and the liberalization aspects, and the three following chapters will review the institutional and legal aspects of the safety of European air transport.
FARKAS, Lilla. "Mobilising for racial equality in Europe : Roma rights and transnational justice." Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
Full textExamining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
Marquet, Jeannine M. "Les céréaliers français et l'Europe." Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213307.
Full textBreindl, Yana. "Hacking the law: an analysis of internet-based campaigning on digital rights in the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2011. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209836.
Full textThe belief in values of freedom, decentralisation, openness, creativity and progress inspires a particular type of activism, which promotes autonomy, participation and efficiency. The empirical evidence suggests that this set of principles can, at times, conflict with practices observed in the field. This has to do with the particular opportunity structure of the European Union and the characteristics of the movement. The EU favours functional integration of civil society actors who are expected to contribute technical and/or legal expertise. This configuration challenges internet-based protest networks that rely on highly independent and fluctuating engagement, and suffer from a lack of diversity and cohesion. The internet does not solve all obstacles to collective action. It provides, however, a networked infrastructure and tools for organising, coordinating and campaigning. Online and offline actions are not only supportive of each other. Internet-based campaigning can be successful once it reaches out beyond the internet, and penetrates the corridors of political institutions.
Doctorat en Information et communication
info:eu-repo/semantics/nonPublished
Rousseau, Guillaume 1980. "Le modèle québécois d'intégration culturelle comme troisième voie entre l'intégration républicaine et le multiculturalisme bilingue : analyse et réformes possibles." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99151.
Full textAfter having demonstrated certain weakness of the Quebec model of integration, this thesis proposes three reforms to improve it. The first one, which concerns language legislation, is of republican inspiration. The other two focus on laws concerning religion and are inspired by the Canadian model of integration.
Van, Raepenbusch Sean. "La sécurité sociale des travailleurs migrants en droit européen." Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213117.
Full textDocquir, Pierre-François. "La liberté d'expression dans le réseau mondial de communication: propositions pour une théorie générale du droit d'accès à l'espace public privatisé." Doctoral thesis, Universite Libre de Bruxelles, 2009. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210368.
Full textFischer, Felix Friedrich. "The regulation of Section 17 (2a) of the German Energy Economy Act against the background of current developments of the German and European offshore wind industry." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/5750.
Full textENGLISH ABSTRACT: With the introduction of Section 17 of the EnWG (German Energy Economy Act), the legislator created a new situation for the complex relationships in the German offshore wind industry. The transmission system operators are now obliged not only to provide the connection for offshore wind farms, but also to reimburse the developers of such plants for the costs they incurred in the course of planning the cable connection between the wind farm and the onshore grid. Forecasts had predicted that by 2007 numerous offshore wind farms would be operational. But no development company in the entire sector had moved beyond the planning phase. However, the rapid development of the offshore wind industry is important in order to achieve the German goal to generate 20% of all energy from renewable energy sources by 2020 and thus contribute to the prevention of grave climate changes. It is also important for the domestic labour market and the initiation of further exports of energy technologies. Early domestic growth will eventually payoff as offshore wind energy is implemented by more countries, which will then rely on the experience of German companies. Under these circumstances, Section 17 (2a) S.3 of the EnWG induces a positive impulse for offshore development. Under the financial constraints that dampened the expectations of developers of offshore wind farms, the suggested reimbursement will offer welcome relief. However a broad interpretation of Section 17 (2a) S.3 of the EnWG must be applied in order to reach the goal of actually enhancing offshore development, as is the legislator's intent. Such a broad interpretation of the reimbursement claim will lead to rapid implementation of the new law, as this will be in the interest of the developers and transmission system operators. The developers will have a large interest in beginning with the actual construction of the wind farm, and the transmission system operators will need to proceed with the planning of the cable connection. Even though improvements remain necessary the introduction of Section 17 (2a) S.3 EnWG can be considered a success.
AFRIKAANSE OPSOMMING: Met die inwerkingstelling van afdeling 17 van die EnGW (Duitse Energie Ekonomie Wet), het die regering 'n nuwe situasie geskep vir die komplekse verhouding in die Duitse see-gebonde wind-energie industrie. Die transmissie stelsel operateurs word nou verplig om nie net die verbinding met die wind-plaas te verskaf nie, maar moet ook die ontwikkelaar van die aanleg vergoed vir enige kostes wat hulle aangegaan het met die beplanning van die verbinding tussen die windplaas en die elektrisiteits-netwerk. Vooruitskattings het voorspel dat verskeie see-gebonde windplase operasioneel sou wees teen 2007. Geen ontwikkelingsmaatskappy het egter al tot dusver verder as die beplanningstadium gevorder nie. Desnieteenstaande, die spoedige ontwikkeling van die see-gebonde wind industrie is onontbeerlik in die Duitse mikpunt om 20% van energiebehoeftes op te wek vanuit hernubare bronne teen 2020 en om dus klimaatsverandering teen te werk. Dit is ook belangrik vir werkskepping in Duitsland en vir die uitvoer van energie tegnologie. Spoedige groei in die industrie sal uiteindelik dividende lewer soos seegebonde wind-energie deur ander lande ontwikkel word en gevolglik op Duitse ervaring moet staatmaak. Onder hierdie omstandighede het afdeling 17 (2a) 5.3 van die EnGW 'n positiewe effek op seegebonde ontwikkeling. As gevolg van die dempende effek wat finansiele beperkinge het op die verwagtinge van ontwikkelaars sal die terugbetalings welkome verligting bied. Dit is egter nodig om 'n bree interpretasie van afdeling 17 (2a) 5.3 van die EnGW te gebruik om die mikpunt van werklike bevordering van seegebonde ontwikkeling te bewerkstellig soos die wetgewer beoog. So 'n bree interpretasie sal lei tot spoedige implimentasie van die nuwe wet omdat dit in die belang van ontwikkelaars en transmissie-netwerk eienaars sal wees. Die ontwikkelaars sal baat daarby om spoedig met ontwikkeling te begin, terwyl die netwerk operateurs vordering sal moet maak met die beplanning van die kabel-verbinding. Ten spyte daarvan dat verdere verbeteringe nodig is kan die inwerkingstelling van afdeling 17 (2a) 5.3 van die EnGW as 'n sukses gereken word.
Lehmann, Hélène. "Le médicament à base de plantes en Europe : statut, enregistrement, contrôles." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00936734.
Full textBortoluzzi, Chiara. "La sécurité des médicaments. Législation pharmaceutique européenne et indemnisation des risques médicamenteux." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020025.
Full textThe definition and implementation of the European Union’s policies and activities guarantee a very high level of human health protection. One of its most important policies, in accordance with the relative health and economic development issues, is that on medicinal products. Drug safety is guaranteed by a legal framework, constructed on the pharmaceutical legislation laying down rules and procedures for obtaining marketing authorisation and for post authorisation monitoring. This legal framework is supported by a special institutional system,which in particular ensures close interaction between the European Medicines Agency, the European Commission and the national competent authorities. This legal framework has recently been revised as a result of the new pharmacovigilance legislation. As such, health safety has become a key directive in managing pharmaceutical risk. Yet, whenever a risk relating directly to a particular pharmaceutical product becomes apparent, medical damages and compensation claims arise. The response of the national French and Italian legal systems to the application for compensation of the victims of such accidents, by way of the ordinary rules of civil liability and the liability for defective products as defined in Council Directive85/374/EEC, has proven ineffective: they fail to take into account the specific nature ofpharmaceutical products. Based on this observation, there is a sound case for separating liability from compensation: the latter can be guaranteed by setting up a general compensationfund for medical damages, with both public and private sector participation. This solutionwould guarantee a socialisation of risks that is justified by the social nature of therapeutic risk. It would provide a counterbalance to the dangers inherent in scientific innovation, whilst simultaneously allowing patients to benefit from future therapeutic developments. By advocating a holistic approach to drug policy, this proposed compensation fund would act as apublic health policy instrument, in the context of which compensation for medical risks would only be considered an addition to, and extension of, the security guarantee that constitutes the cornerstone of the European pharmaceutical legislation
Ba, Oumar. "La politisation des partis à caractère ethnique dans les pays postcommunistes d’Europe Centrale et Orientale : une comparaison des trajectoires de la Bulgarie, la Serbie, le Monténégro et le Kosovo." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40052.
Full textThe revolutions of Eastern induced fragmentation of States were accompanied internally by a revival of ethnic parties, which is not without its problems in political democracy. Transitions and even more democratic consolidation are emerging a double phenomenon of interaction between actors and the system in search of a new equilibrium. Ethnic parties then politicize the system opens the ethnic actor. We are witnessing an evolutionary adjustment of the system to the new situation. The system opens to the new demands ethnic ways and to different degrees: between legalization and tolerance. Side actors, are gradually returning ethnic parties in the political game, in different ways and to different degrees. In our problem the field deploy interactive relationships between multi-level actors (parties-States) and in the various fields (political, societal and legal). Their connections are crossed between the State and international space, public and civil, political and social, with host countries or origin, but also the third States. They are separatist ambitions or simply political lobbies. We tried to highlight the main aspects of the complexity of the ethnic issue in young democracies political '' in consolidation ''. The ethnic problem of CEEC can help us to complete updating some general visions of political science? The actors involved are invited to avoid the pitfalls of nationalism perceived as '' petty '' or '' chaotic '' while serving the cause of a more flexible policy integration to the ‘‘democratic peace’’
RINGELHEIM, Julie. "Diversité culturelle et droits de l'homme : l'émergence de la problématique des minorités dans le droit de la Convention européenne des droits de l'homme." Doctoral thesis, 2005. http://hdl.handle.net/1814/4760.
Full textExamining Board: Prof. Philip Alston (Supervisor, European University Institute) ; Prof. Bruno de Witte (European University Institute) ; Prof. Olivier De Schutter (Co-Supervisor, Université catholique de Louvain) ; Prof. Hélène Ruiz-Fabri (Université Paris I-Panthéon Sorbonne)
First made available online 30 March 2017
La diversité culturelle croissante des sociétés européennes et les tensions qu'elle engendre sont au cœur d'importants débats contemporains. Dans le champ juridique, ces débats se cristallisent autour de la notion de protection des minorités ethniques, religieuses ou linguistiques. Ce livre propose une analyse de la contribution de la Convention européenne des droits de l'homme à la protection de ces minorités. La Convention ne contient pas de disposition spécifique relative aux droits des personnes appartenant à des minorités. L'ouvrage montre cependant, à travers un examen critique de la jurisprudence de la Cour européenne des droits de l'homme, comment les droits individuels classiques, garantis par la Convention, permettent d'assurer le respect et la protection des identités minoritaires. Encore faut-il que ces droits soient interprétés de manière dynamique, à la lumière des principes sur lesquels la Convention se fonde, à savoir les notions de liberté, d'égalité et de société démocratique. La délicate question des limites du respect dû aux spécificités culturelles est également abordée. Pour éclairer les problèmes théoriques soulevés par la jurisprudence de la Cour, l'analyse prend en compte les débats menés en philosophie politique sur le thème du multiculturalisme et de la conciliation des différences dans une société démocratique.
SCHULZ, Andrea. "Verfassungsrechtliche Grundlagen der auswärtigen Kulturpolitik : Goethe-Institut und istituti italiani di cultura im Vergleich." Doctoral thesis, 1989. http://hdl.handle.net/1814/5626.
Full textVIGNEAU, Christophe. "L'institutionnalisation du travail interimaire en Europe." Doctoral thesis, 1997. http://hdl.handle.net/1814/4815.
Full textExamining board: M.B. Bercusson, Prof. à l'Université de Manchester (co-directeur de recherche) ; Mme M.-J. Campana, Prof. à Institut Universitaire Européen ; M.M. Freedland, Prof. au St.John's College, Université d'Oxford ; M.A.Jeammaud, Prof. à l'Université de Saint-Etienne (co-directeur de recherche) ; Mme S.Sciarra, Prof. à Institut Universitaire Européen (directeur de recherche)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Singh, Sandhiya. "The eradication of domestic expediency by the African court on human and peoples' rights : lessons from Europe." Thesis, 2003. http://hdl.handle.net/10413/9519.
Full textThesis (LL.M.)-University of Durban-Westville, 2003.
CLARKE, Tasneem. "Investor responsibilities under international human rights standards : what potential in investment law?" Doctoral thesis, 2008. http://hdl.handle.net/1814/13584.
Full textENGBLOM, Samuel. "Self-employment and the personal scope of labour law : comparative lessons from France, Italy, Sweden, the United Kingdom and the United States." Doctoral thesis, 2003. http://hdl.handle.net/1814/4616.
Full textSupervisor: Prof. Silvana Sciarra
Defence date: 26 September 2003
The past two decades has seen a growing interest, from both policy makers and scholars, in the legal regulation of work performed by self-employed workers. Increases in non-agricultural selfemployment in industrialised countries, together with political and ideological shifts, have fuelled interest in self-employment as a means of increasing employment. The attractions of selfemployment are manifold. To firms, self-employment is part of a two-fold change in the way firms operate: the move towards more flexibility as to the size and composition of the workforce, marked by an increased use of atypical workers and the disintegration of firms by arranging production through outsourcing, subcontracting and franchising. To workers, self-employment offers the greater autonomy connected with being their own boss, a chance of higher returns, or, at least, opportunities of gainful employment in times of high unemployment. To governments, self-employment has been seen as a means of increasing the number of small businesses, supposedly beneficial to the creation of new employment. Encouraging and removing barriers to self-employment is, therefore, a priority for many governments.
TIMOCIN, Zeynep. "Personalised medicine and patent law : an overview of the patenting of genetic inventions under United States and European law in relation to genetic diagnostic tests." Doctoral thesis, 2017. http://hdl.handle.net/1814/49748.
Full textSupervisor: Professor Giovanni Sartor, European University Institute
Following the U.S. Supreme Court decisions in Mayo Collaborative Services v. Prometheus Labs. Inc. and Ass’n for Molecular Pathology v. Myriad Genetics, Inc., the future of patentability of genetic material is uncertain. In the U.S., the decision in Myriad which allowed the patenting of cDNA molecules seems to have limited the force of the concerned voices from the genomic research community that had called for substantial limitations on the patenting genetic material based on the argument that these patents seriously inhibit genomic research and prevent broader provision of genetic diagnostic tests to the public. In the EU, and in markets under the EPC, the patentability issue remain unclear due to lack of judicial guidance. This status quo coincides with the ambitions of governments in both sides of the Atlantic for incentivising research and investment in personalised medicine, a field that is dependent on genetic diagnostic tests and promises radical improvement in public healthcare provision, but also potentially lots of profit and tax. In the light of all these, this paper explores social, political and more particularly legal issues surrounding developments in genomic technologies and personalised medicine, and offers an extensive overview of the limits of substantive patent law in the patenting of genetic inventions in the U.S. and Europe. The paper concludes that the approach of the Biotechnology Directive under EU law setting an over-arching industrial applicability requirement for gene patents offers a balanced response to the challenges created by these patents. Other solutions such as widening the scope of compulsory licensing or the experimental use exception, or creating a sui generis gene right are also visited. Finally, new CRISPR technology that might further challenge the existing legal frameworks is briefly introduced.
PASSINHAS, Sandra. "Dimensions of Property under European Law. Fundamental Rights, Consumer Protection and Intellectual Property: Bridging Concepts?" Doctoral thesis, 2010. http://hdl.handle.net/1814/13759.
Full textExamining Board: Prof. Christian Joerges (supervisor), University of Bremen Prof. Miguel Poiares Maduro, EUI Prof. Peter Sparkes, University of Southampton Prof. Jules Stuyck, Catholic University, Leuven
The aim of this thesis is, first, to reconsider property as a legal concept and as a social institution, by taking into consideration several insights provided by social sciences. Secondly, several regulatory measures are proposed in order to enhance an adequate protection of property. The author stars by analysing the protection of property as a fundamental right under EU law. She claims that the ECJ’s challenge is to strike the right balance between property rights and market build-up. Such a balance is to be found in the communicative network of discourses of the case-law of the ECtHR, and common traditions of Member States. Accordingly, the author suggests that the ECJ should be open to inputs from the ECtHR, namely through the ‘excessive burden’ criterion. The second regulatory analysis takes into consideration that property is intrinsically linked to consumption, and that owner is often necessarily a consumer. The function of EC consumer [protection] law, the function of European consumer policy, and the definition of the European consumer are the three interrelated questions that have guided the inquiry in Chapter III. Consumer policies, it is claimed, should be asymmetrical: they shall create benefits for those who are boundedly rational while imposing little or no harm on those who are to be considered fully rational. This distinction will provide the basis for a new standard in the assessment of the costs and benefits of regulatory options. Finally, the author inquires about situations where a conflict of properties might exist between a corporeal thing and an intellectual property right. It is claimed that lawmaking bodies must autonomously consider the interest(s) of the owner of the corporeal thing in the overall assessment of granting an intellectual property right. Before formulation of property rights, an appropriate weighing and balancing of all relevant interests is thus in need, in order to avoid normative inconsistencies.
HUTTUNEN, Mikko. "A comparative analysis of the legal position of professional sportsmen under Finnish, English and European Community law : the borderlines of employment." Doctoral thesis, 2000. http://hdl.handle.net/1814/4660.
Full textExamining Board: Prof. Brian Bercusson ; Prof. Niklas Bruun ; Prof. Juha Pöyhönen ; Prof. Silvana Sciarra (supervisor)
First made available online on 23 February 2018
BAUMGARTL, Bernd. "The green dream in the East: impediments to sustainable environmental policy in the Eastern European transition: the case of Bulgaria." Doctoral thesis, 1995. http://hdl.handle.net/1814/5199.
Full textExamining board: Prof. Susan Strange, University of Warwick (Supervisor) ; Prof. Volkmar Lauber, Universität Salzburg (Co-supervisor) ; Prof. Adrienne Héritier, European University Institute ; Prof. Winfried Lang, Mission Permanente d'Autriche, Genève ; Prof. Daniel Verdier, European University Institute
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
NOVIC, Elisa. "The concept of cultural genocide : an international law perspective." Doctoral thesis, 2014. http://hdl.handle.net/1814/32098.
Full textExamining Board: Professor Francesco Francioni, EUI (Supervisor) Professor A. Dirk Moses, EUI (Co-Supervisor) Professor Yvonne Donders, University of Amsterdam Professor Ana F. Vrdoljak, University of Technology, Sydney.
This PhD thesis was awarded the Cassese Prize.
This thesis seeks to determine whether the evolution of international law has allowed for the concept of cultural genocide to be addressed in spite of its non-codification. It firstly provides an assessment of the evolution of the concept of cultural genocide, from a technique to a process of genocide, also known as 'ethnocide'. Acknowledging that the codification of the concept is unlikely in the future, it therefore undertakes a study of the evolution of international law with regard to the main components of the concept, namely genocide, culture and group. The evolution of the legal concept of 'genocide' raises the question of the interpretation of the international definition of genocide, which is enshrined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, so as to encompass instances of cultural destruction. The state of international and domestic judicial practice illustrates the limits of an evolutionary interpretation. In contrast, international law has evolved considerably in relation to the protection of some groups and their culture, so that customary international law, and especially international human rights law, may be deemed to prohibit group cultural destruction and consequently entail State responsibility. The thesis argues that this evolution could ground the articulation of an international law-based approach to the concept of cultural genocide both by allowing for its criminalisation through the crime against humanity of persecution and by providing tools for a stronger framework of State responsibility, especially in the context of genocide prevention. Furthermore, this approach would give rise to the possibility of further conceptualising reparation for the intended cultural damage. Against this background, the thesis firstly draws conclusions as to the irrelevance of enclosing the debate exclusively at the level of the genocide legal framework and, secondly, as to the relevance of cultural genocide as a 'paralegal concept', an understanding which would drive the interpretation of international legal norms, especially in cases involving indigenous peoples' cultural harm.
Massyn, Clive. "The employment contract in private international law." Thesis, 2014. http://hdl.handle.net/10210/10761.
Full text“It is in this very context of employment relationships which have a cross-border dimension that conflict of law between individual legislative systems in the area of employment law raise complex questions of law. One of the consequences of this is that they often present the courts … which are called upon to determine the law applicable to an employment contract with considerable problems. Alongside the customary difficulties associated with interpreting the employment contract comes the uncertainty as to what the best approach is to determining the applicable law. These difficulties in judicial practice are on the increase as it becomes more common for workers to be posted, more EU citizens avail themselves of the freedom of movement for workers and more undertakings enter into relationships with firms overseas or operate places of business in other countries. The – temporary or indefinite – posting of large numbers of employees has become an important aspect of international economic relations, not only within the European internal market but, more generally, throughout the world. It is for that very reason that there is an urgent need for conflict of law rules which offer the contracting parties foreseeable solutions to the numerous problems that affect employment relationships...”Like Advocate General Trstenjak, South African writers are not ignorant of the complications that international contracts of employment bring. As correctly pointed out by Calitz, globalisation has resulted in many South African employees increasingly working for South African employers outside of South Africa and the determination of any disputes that may arise in these unique employment relationships requires the application of conflict of laws. This is problematic and the present author submits that there is a lacuna in South African private international law in respect of employment contracts involving a foreign element. A number of factors have contributed to this gap in South African private international law, namely the infrequency with which judges in South African courts have been called upon to determine such issues.
KREMMYDA, Peristera. "Between competitiveness and pluralism : concentration in the broadcasting industry in the EU." Doctoral thesis, 2004. http://hdl.handle.net/1814/4681.
Full textExamining board: Prof. Giuliano Amato (Supervisor, European University Institute) ; Prof. Enzo Cheli (Presidente dell'Autorità per le Garanzie delle Comunicazioni) ; Prof. Petros Mavroidis (Columbia Law School and University of Neuchatel) ; Prof. Hanns Ullrich (European University Institute)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
MOREIRO, GONZALEZ Carlos Javier. "Banking in Europe : the harmonization process in establishment and services." Doctoral thesis, 1992. http://hdl.handle.net/1814/4717.
Full textDefence date: 6 March 1992
First made available online on 10 September 2013.
This research is an interdisciplinary approach to the EEC banking harmonization process. The methodology employed consists in focusing the subject from the legal, economic and political Science perspectives. Therefore, the underlying purpose of the research is to study the legal outcomes within their context. The research is subdivided in several parts. The first part is a legal approach to both the first and second Banking Directives as the cornerstones of the EEC banking harmonization process. The detailed analysis of both Directives from an EEC legal perspective is a condition precedent for the understanding of how is being shaped the Community Financial Policy. The Second Part is a political science approach to the role of interest within the EEC decision making process. More specifically, it is an attempt to show how banks can influence legislators for the achievement of their objectives. An additional study to this second part, is constituted by the analysis of the Community policies in consumer protection. This sector provides us with comparative information for an estimation of the importance of "interest” within the shaping of regulatory policies within the EEC. A socioeconomic approach to credit institutions strategies1 for the controlling of financial markets is the subject of the third part. Through the study of the United States current "deregulatory" trends, we show the interrelationship between the world financial markets. A second stage of this part connects the European context with the other representative world financial markets. Thus, similar behaviours can be remarked, which leads the author to the conclusion that neither national governments, nor the European Institutions are currently capable to regulate financial markets without a previous “consensus" with the financial institutions. The fourth part of the research consists in a critical approach to the institutional behaviour of the Community as regards policy-making for the achievement of an integrated financial market by 1992. This analysis shows that credit institutions, whose profits are greatly affected by public policy, have an extraordinary capacity to innovate and adapt, notably as a way of lawfully avoiding the effects of "public Controls”. Each of the four parts of the research used the same methodology. First, there is an introduction to establish the guidelines of the research approach to the subject. Secondly, there is a detailed analysis of the main issues constituting the field of the study. Thirdly, we draw some conclusions from the research.
GUERRERO, Marion. "Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR." Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
Full textExamining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
LUNDQVIST, Björn. "Joint research and development and patent pools under the antitrust laws of the USA and the competition rules of the European Union." Doctoral thesis, 2010. http://hdl.handle.net/1814/14524.
Full textExamining Board: Professor Hanns Ullrich, EUI (Supervisor); Professor Steven Anderman, University of Essex; Professor Gustavo Ghidini, Luiss Guido Carli University; Professor Hans-W. Micklitz, EUI
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Great prosperity is derived from innovation, which in turn prospers in an environment with a large public domain of free knowledge, property rights and unfettered competition. Generally, this was the basic theory for prosperity under the antitrust laws with reference to joint R&D, technology transfer and technology standardization in the US and Europe for many years. This perspective was slowly abandoned in the 1980s and 1990s, replaced by a belief that the greatest wealth was derived from innovators having large resources to perform R&D, the ability to cooperate with competitors and the possibility of jointly protect and exploit newly discovered knowledge through intellectual property rights, technology standardization agreements and joint licensing schemes. The antitrust policies on both sides of the Atlantic have closely and swiftly been adapted to mirror this change of theory. The thesis illustrates this transformation by analyzing the modifications and amendments made to legal acts and guidelines, and the slow shift in the scant case-law detected both under the antitrust laws of the USA and the Competition Rules of the EU. The thesis shows that the prevailing antitrust policies towards R&D collaborations, technology standardization agreements and patent pools are very similar in the US and EU and they both mirror a lenient or even supportive attitude towards collaboration between competitors in reference to creating innovation.
Bellu, Alexander. "Islám v českém prostoru." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-351498.
Full textVan, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.
Full textCriminal and Procedural Law
Mercantile Law
LL.D.
Meissner, Ortrun. "Traditional medicine and its accommodation in the South African national health care system with special attention to possible statutory regulation." Thesis, 2003. http://hdl.handle.net/10500/1172.
Full textJurisprudence
LL.D.
Sweetman, Roseanne Lopers, Henriette Thompson, Bernard Zylstra, and Robert E. VanderVennen. "Perspective vol. 15 no. 1 (Feb 1981)." 2013. http://hdl.handle.net/10756/251300.
Full textBaloyi, Colonel Rex. "Interpretations of academic freedom :." Diss., 1998. http://hdl.handle.net/10500/18051.
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