Nettsider med emneord « fundamental/human rights»

Publisert 9. nov. 2010 10:52

This paper investigates the enhanced role of the European Parliament through the perspective of human rights provisions. It argues that the focus on such issues and the strengthening of Parliament should be seen in the light of closing the EU's perceived legitimacy deficit.

ARENA Working Paper 07/2006 (pdf)

Berthold Rittberger & Frank Schimmelfennig

Publisert 9. nov. 2010 10:52

This paper explores the grounds for claims of compensation based on past injustice, with particular attention to indigenous minorities.

ARENA Working Paper 07/1998 (html)

Andreas Føllesdal

Publisert 9. nov. 2010 10:52

This paper discusses the social and political rights of third-country nationals in EU countries. Whereas the European Citizenship clause introduced by the Amsterdam Treaty excludes this group, this arguably violates basic democratic rights of participation.

ARENA Working Paper 9/1998 (html)

Andreas Føllesdal

Publisert 9. nov. 2010 10:52

This paper offers some normative considerations over how to organise legitimate and good government in the European Union, taking into account individual political rights as well as national equilibria.

ARENA Working Paper 10/1998 (html)

Knut Midgaard

Publisert 9. nov. 2010 10:52

This article examines changing conceptions of citizenship and the rights of minorities -- that is, national membership -- in contemporary Europe. In so doing, it addresses some of the theoretical challenges faced by social constructivism when aspiring to account for agency in the diffusion of social norms.

ARENA Working Paper 16/1998 (html)

Jeffrey Checkel

Publisert 9. nov. 2010 10:52

I denne artikkelen vurderes Høyesteretts antatt ubestridte posisjon i et nasjonalt juridisk hierarki. I en kontekst med internasjonalisering av lovregimer, i hvilken grad er det fortsatt den nasjonale Høyesterett som sitter med siste instans av dømmende makt?

This paper discusses whether and to what extent the Norwegian Supreme Court remains the ultimate body of judicial power in a context of international law regimes. The paper is in Norwegian.

ARENA Working Paper 06/2002 (html)

Hans Petter Graver

Publisert 9. nov. 2010 10:52

This paper interprets the introduction of a European Charter of Fundamental Rights as a further step towards rights as foundational to European law; in other words, making a qualitative leap away from regulations of commerce towards a prospective constitutional moment.

ARENA Working Paper 13/2001 (html)

Agustin José Menéndéz

Publisert 9. nov. 2010 10:52

The paper is on Robert Alexy’s legal theory and its putative blurring of the distinction between legalization and application.

ARENA Working Paper 07/2004 (pdf)

Erik Oddvar Eriksen

Publisert 9. nov. 2010 10:52

Evaluating the influx of Europe on Norwegian legal doctrine, this article maintains that import of European legal traditions has a long pedigree in Norway. While fluctuating through history, however, Europeanization has taken on a new dimension during the last decade, with the growth of supranational Community law and human rights principles.

ARENA Working Paper 18/2003 (pdf)

Hans Petter Graver

Publisert 9. nov. 2010 10:52

This paper gives an assessment of the EFTA Court at the tenth anniversary of its existence. It is argued here that from the point of view of national courts, ther is no discernible difference in jurisdiction between the EFTA Court and the European Court of Justice. Other factores, such as institutional and cultural legacies in the member states more significantly affect the supply of referrals from national courts.

ARENA Working Paper 18/2004 (pdf)

Hans Petter Graver

Publisert 9. nov. 2010 10:52

In a time where Europeans reflect on how to reflect human rights and solidarity in the Constitutional Treaty, this paper develops a theory of federal justice to respond to some key issues. Aspiring to supplement Rawls’ Law of the Peoples, particular emphasis is put on the justification of differentiated human rights and distributive inequality in a federal order.

ARENA Working Paper 22/2004 (pdf)

Andreas Føllesdal

Publisert 9. nov. 2010 10:52

To what extent has westernization of the Baltic states led to acceptance of ethnic inclusion and a liberal order of citizenship? This paper evaluates the attempts by NATO and the EU to promote such a development in its recent member states and considers why institutions and elite attitudes have been persistent to change.

ARENA Working Paper 06/2005 (pdf)

Anton Steen

Publisert 9. nov. 2010 10:52

This paper is on whether the parameters of power politics in Europe are changing and whether the EU can be described as a cosmopolitan polity in the making. In other words: Is it the case that the popular sovereignty principe must yield to fundamental human rights?

ARENA Working Paper 09/2005 (pdf)

Erik Oddvar Eriksen

Publisert 9. nov. 2010 10:52

From a habermasian perspective and based on developments of human rights enforcement, this paper makes the claim that a cosmopolitan law is in the making. The argument ties together normative political theory and insights about European and international integration.

ARENA Working Paper 25/2002 (html)

Erik Oddvar Eriksen

Publisert 9. nov. 2010 10:52

This paper argues that social constructivism suffers from a lack of micro-level, social agency theory; it attempts to fill this lacuna by analyzing state actor compliance with human rights regimes.

ARENA Working Paper 24/1999 (html)

Jeffrey T. Checkel

Publisert 9. nov. 2010 10:52

Why do states comply with international norms? This paper draws together agency-focused regime literature and constructivist accounts of socialization to give a fuller picture of compliance, taking as case study the European human rights regime.

ARENA Working Paper 11/1999 (html)

Jeffrey T. Checkel