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Utrecht University School of Law Legal Studies Research Paper Series

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1.

Of Wrongful Birth, Wrongful Life, Comparative Law and the Politics of Tort Law Systems

Tydskrif vir Heedendaagse Romeins-Hollandse Reg (THRHR), Vol. 72, p. 257, 2009
Number of pages: 17 Posted: 25 Jun 2009 Last Revised: 02 Apr 2013
Accepted Paper Series
Utrecht Centre for Accountability and Liability Law
Downloads 1,162
2.

The Corporate Responsibility to Remedy (3rd Pillar Ruggie Framework) - Analysis of the Corporate Responses in Three Major Oil Spill Cases: Shell - Nigeria, BP – US (the Gulf), Chevron – Ecuador

University of Oslo Faculty of Law Research Paper No. 2011-26
Number of pages: 55 Posted: 02 Nov 2011
Working Paper Series
Utrecht University School of Law, Washington University in St. Louis and Utrecht University, School of Law, Students
Downloads 958
3.

How to Measure the Price and Quality of Access to Justice?

Number of pages: 24 Posted: 06 Dec 2006
Working Paper Series
Tilburg Law School, University of Amsterdam - SEO Economic Research and Utrecht Centre for Accountability and Liability Law
Downloads 895
4.

Access to Justice: The Quality of the Procedure

TISCO Working Paper Series on Civil Law and Conflict Resolution Systems No. 002/2008
Number of pages: 44 Posted: 14 Feb 2008 Last Revised: 02 Apr 2013
Working Paper Series
Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) and Utrecht Centre for Accountability and Liability Law
Downloads 711
5.

Equality, Legal Certainty and Tax Legislation in the Netherlands - Fundamental Legal Principles as Checks on Legislative Power: A Case Study

Utrecht Law Review, Vol. 9, No. 2, p. 52-74, March 2013
Number of pages: 23 Posted: 05 Apr 2013 Last Revised: 05 Jul 2014
Accepted Paper Series
Tilburg Law School
Downloads 659
6.

Commercial Sales: The Common European Sales Law Compared to the Vienna Sales Convention

European Review of Private Law, Forthcoming, Centre for the Study of European Contract Law Working Paper Series No. 14, Amsterdam Law School Research Paper No. 96
Number of pages: 24 Posted: 26 Oct 2012
Accepted Paper Series
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) and Utrecht University School of Law (the Netherlands)
Downloads 516
7.

Member State Responsibility for the Acts of International Organizations

Utrecht Law Review, Vol. 7, No. 1, pp. 131-146, 2011
Number of pages: 16 Posted: 18 Feb 2011
Accepted Paper Series
Utrecht University School of Law (the Netherlands) and affiliation not provided to SSRN
Downloads 477
8.

The Proliferation of Constitutional Law and Constitutional Adjudication, or How American Judicial Review Came to Europe after All

Utrecht Law Review, Vol. 9, No. 2, p. 19-35, March 2013
Number of pages: 17 Posted: 05 Apr 2013
Accepted Paper Series
University of Amsterdam - Amsterdam Centre for European Law and Governance
Downloads 437
9.

Strasbourg’s Interim Measures Under Fire: Does the Rising Number of State Incompliances with Interim Measures Pose a Threat to the European Court of Human Rights?

EUROPEAN YEARBOOK ON HUMAN RIGHTS, Vol. 11, 2011
Number of pages: 29 Posted: 15 Jul 2011
Working Paper Series
Ghent University/Utrecht University, Ghent University and Utrecht University
Downloads 424
10.

Caveats from Karlsruhe and Berlin: Whither Democracy after Lisbon?

Columbia Journal of European Law, Vol. 16, No. 3, 2010
Number of pages: 47 Posted: 31 May 2012
Accepted Paper Series
Queen Mary University of London
Downloads 378
11.

Change of Circumstances in European Contract Law – An Approach to the Relevant Issues and Doctrines

Unexpected Circumstances in European Contract Law, E. Hondius & H. Grigoleit, eds., Cambridge University Press, March 2011
Number of pages: 13 Posted: 24 May 2012 Last Revised: 03 Apr 2013
Accepted Paper Series
Utrecht University - Faculty of Law and Ludwig Maximilians University of Munich - Faculty of Law
Downloads 335
12.

Search Engines Searching for Trouble? Comparing Search Engine Operator Responsibility for Competitive Keyword Advertising Under EU and US Trademark Law

Number of pages: 82 Posted: 17 Aug 2011
Working Paper Series
Utrecht University - Centre for Intellectual Property Law
Downloads 335
13.

The Principles of European Family Law: Its Aims and Prospects

Utrecht Law Review, Vol. 1, No. 2, pp.160-168, December 2005
Number of pages: 9 Posted: 07 Jun 2007
Accepted Paper Series
Utrecht University - Faculty of Law
Downloads 335
14.

Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice

Utrecht Law Review, Vol. 9, No. 1, p. 169-192, January 2013
Number of pages: 24 Posted: 06 Feb 2013
Accepted Paper Series
Utrecht University
Downloads 331
15.

The Principle of Non-Refoulement at Sea and the Effectiveness of Asylum Protection

Max Planck Yearbook of United Nations Law, Vol. 12, pp. 205-246, 2008
Number of pages: 42 Posted: 06 Apr 2011 Last Revised: 23 Apr 2013
Accepted Paper Series
Netherlands Institute for the Law of the sea, Utrecht University School of Law
Downloads 327
16.

Multinational Corporations, Human Rights Violations and a 1789 US Statute - A Brief Exploration of the Case of Kiobel v. Shell

2012 (3) Nederlands Internationaal Privaatrecht 396
Number of pages: 5 Posted: 21 Jan 2013
Accepted Paper Series
Erasmus School of Law
Downloads 316
17.

30 percent Women on Boards: New Law in the Netherlands (2012)

European Company Law, Kluwer Law International, Special Issue on CSR and SRI, 2012, Volume 9, Issue 2, pp 53-63, University of Oslo Faculty of Law Research Paper No. 2012-4
Number of pages: 13 Posted: 13 Jun 2012 Last Revised: 24 Apr 2013
Accepted Paper Series
Utrecht University School of Law
Downloads 265
18.

Filtering for Copyright Enforcement in Europe after the Sabam Cases

European Intellectual Property Review, Forthcoming
Number of pages: 7 Posted: 23 Apr 2013
Accepted Paper Series
Utrecht University - Centre for Intellectual Property Law and University of Amsterdam - IViR Institute for Information Law (IViR)
Downloads 259
19.

The Application of Community Precedent and Acte Clair by the Hoge Raad: A Case Study in the Field of Establishment and Services

INTERFACE BETWEEN EU LAW AND NATIONAL LAW, D. Obradovic, N. Lavranos, eds., Groningen: Europa Law Publishing, 2007
Number of pages: 22 Posted: 01 Apr 2008
Accepted Paper Series
Europa Institute, Utrecht University
Downloads 239
20.

Contractual Control and Labour-Related CSR Norms in the Supply Chain: Dutch Best Practices

Utrecht Law Review, Vol. 8, No. 1, pp. 155-169, January 2012
Number of pages: 15 Posted: 02 Feb 2012
Accepted Paper Series
Utrecht University - Faculty of Law
Downloads 238
21.

Maritime Border Control and the Protection of Asylum-Seekers in the European Union

Touro International Law Review, Vol. 12, pp. 157-161, 2009
Number of pages: 5 Posted: 06 Apr 2011
Accepted Paper Series
Netherlands Institute for the Law of the sea, Utrecht University School of Law
Downloads 237
22.

Europe and Irregular Migration by Sea: Frontex and International Law (L’Europa e L’Immigrazione Clandestina Via Mare: Frontex e Diritto Internazionale)

Diritto dell’Unione Europea, pp. 367-388, 2008,
Number of pages: 23 Posted: 31 Mar 2011 Last Revised: 23 Apr 2013
Accepted Paper Series
Netherlands Institute for the Law of the sea, Utrecht University School of Law
Downloads 223
23.

EU Influence on Law Enforcement and International Cooperation in the Field of Insider Dealing

Utrecht Law Review, Vol. 2, No. 1, pp. 136-155, June 2006
Number of pages: 20 Posted: 05 Jun 2007
Accepted Paper Series
Utrecht University School of Law (the Netherlands)
Downloads 222
24.

Conscientious Objection to Creating Same-Sex Unions: An International Analysis

Canadian Journal of Human Rights, Vol. 1, No. 1, pp. 127-164, 2012
Number of pages: 38 Posted: 23 Aug 2012
Accepted Paper Series
University of British Columbia (UBC), Faculty of Law, University of the Witwatersrand, University of Strathclyde and Utrecht University - Faculty of Law
Downloads 220
25.

The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases

Utrecht Law Review, Vol. 8, No. 2, p. 35-54, May 2012
Number of pages: 20 Posted: 22 May 2012
Accepted Paper Series
Utrecht Centre for Accountability and Liability Law

Multiple version iconThere are 2 versions of this paper

Downloads 218
26.

Marine Protected Areas in Areas beyond National Jurisdiction - The Pioneering Efforts under the OSPAR Convention

Utrecht Law Review, Vol. 5, No. 1, pp. 5-20, June 2009
Number of pages: 16 Posted: 09 Sep 2009
Accepted Paper Series
Utrecht University School of Law (the Netherlands) and Utrecht University School of Law (the Netherlands)
Downloads 215
27.

The Substance of Subsidiarity: The Interpretation and Meaning of the Principle after Lisbon

THE FUTURE OF EUROPEAN LAW AFTER LISBON, M. Trybus and L. Rubini, eds., Edward Elgar Publishing, 2011
Number of pages: 4 Posted: 18 May 2011 Last Revised: 01 Apr 2013
Accepted Paper Series
Utrecht University - Europa Institute
Downloads 214
28.

Trips on the High Seas: Intellectual Property Rights on Marine Genetic Resources

Brooklyn Journal of International Law, Vol. 37, No. 1, 2012
Number of pages: 46 Posted: 12 Feb 2012 Last Revised: 23 Apr 2013
Accepted Paper Series
Netherlands Institute for the Law of the sea, Utrecht University School of Law and affiliation not provided to SSRN
Downloads 212
29.

How to Carry Out Interdisciplinary Legal Research: Some Experiences with an Interdisciplinary Research Method

Utrecht Law Review, Vol. 7, No. 1, pp. 147-162, 2011
Number of pages: 16 Posted: 19 Feb 2011
Accepted Paper Series
Utrecht University School of Law (the Netherlands)
Downloads 211
30.

Privaatrechtelijke Handhaving in Reactie Op Mensenrechtenschendingen Door Internationaal Opererende Ondernemingen (Private Law Enforcement of Human Rights Norms against Corporate Violators)

36 (5) Nederlands Tijdschrift voor de Mensenrechten 537 (2011)
Number of pages: 20 Posted: 24 Apr 2013
Accepted Paper Series
Erasmus School of Law, Utrecht Centre for Accountability and Liability Law, Utrecht University, Utrecht University School of Law, University of Groningen - Faculty of Law and Utrecht University School of Law (the Netherlands)
Downloads 206
31.

Search and Rescue Operations in the Mediterranean: Factor of Cooperation or Conflict?

The International Journal of Marine and Coastal Law, Vol. 25, pp. 523-542, 2010
Number of pages: 20 Posted: 31 Mar 2011 Last Revised: 23 Apr 2013
Accepted Paper Series
Netherlands Institute for the Law of the sea, Utrecht University School of Law
Downloads 202
32.

Independent Competition Authorities in the EU

Utrecht Law Review, Vol. 2, No. 1, pp. 32-66, June 2006
Number of pages: 35 Posted: 04 Jun 2007
Accepted Paper Series
Utrecht University and Utrecht University
Downloads 196
33.

From State Security to Human Security

'Contemporary Challenges and Future Trends in International Security', Graduate Student Conference of the American Graduate School of International Relations and Diplomacy, June 20-21, 2007
Number of pages: 21 Posted: 07 Mar 2010
Working Paper Series
Utrecht University School of Law
Downloads 188
34.

Checks and Balances of Soft EU Rule-Making

Policy Department C: Citizens' Rights and Constitutional Affairs, 2012
Number of pages: 96 Posted: 08 May 2012
Working Paper Series
Utrecht University - Europa Institute and Utrecht University School of Law (the Netherlands)
Downloads 181
35.

The Protection of the Fundamental Right to Strike within the Context of the European Internal Market: Implications of the Forthcoming Accession of the EU to the ECHR

Utrecht Law Review, Vol. 9, No. 1, p. 104-117, January 2013
Number of pages: 14 Posted: 07 Feb 2013
Accepted Paper Series
Utrecht University School of Law (the Netherlands)
Downloads 178
36.

A Model Code on Co-Determination and CSR - The Netherlands: A Bottom-Up Approach

European Company Law, Vol. 8, No. 2-3, pp 74-82, 2011, University of Oslo Faculty of Law Research Paper No. 2011-06
Number of pages: 13 Posted: 05 Mar 2011 Last Revised: 25 Nov 2013
Accepted Paper Series
Utrecht University School of Law
Downloads 176
37.

Intellectual Property Rights Beyond National Jurisdiction: Outlining a Regime for Patenting Products Based on Marine Genetic Resources of the Deep-Sea Bed and High Seas

Number of pages: 28 Posted: 09 Jun 2011
Working Paper Series
Netherlands Institute for the Law of the sea, Utrecht University School of Law and affiliation not provided to SSRN
Downloads 171
38.

What Comparative Family Law Should Entail

Utrecht Law Review, Vol. 4, No. 2, pp. 1-24, June 2008
Number of pages: 24 Posted: 11 Jun 2008 Last Revised: 27 Mar 2013
Accepted Paper Series
Utrecht University - Faculty of Law
Downloads 169
39.

The Importance of Due Diligence Practices for the Future of Business Practices in Fragile States

European Company Law, Kluwer Law International, Special Issue on CSR and SRI, 2012, volume 9, issue 2, pp 125-132. , University of Oslo Faculty of Law Research Paper No. 2012-13
Number of pages: 9 Posted: 13 Jun 2012 Last Revised: 24 Apr 2013
Accepted Paper Series
affiliation not provided to SSRN, affiliation not provided to SSRN and Utrecht University School of Law
Downloads 164
40.

Nationality Cases Before International Courts and Tribunals

Max Planck Encyclopedia of Public International Law, Forthcoming
Number of pages: 12 Posted: 12 Feb 2012 Last Revised: 23 Apr 2013
Accepted Paper Series
Netherlands Institute for the Law of the sea, Utrecht University School of Law
Downloads 162
41.

Transnational Cooperation in Criminal Matters and the Safeguarding of Human Rights

Utrecht Law Review, Vol. 1, No. 2, pp. 1-39, December 2005
Number of pages: 39 Posted: 05 Jun 2007
Accepted Paper Series
University of Amsterdam Institute for Private Law and Utrecht University School of Law (the Netherlands)
Downloads 162
42.

Regulating Regulators through Liability - The Case for Applying Normal Tort Rules to Supervisors

Utrecht Law Review, Vol. 2, No. 1, June 2006
Number of pages: 24 Posted: 22 Jun 2006
Accepted Paper Series
Utrecht Centre for Accountability and Liability Law
Downloads 160
43.

'Constitutional Dialogue': An Overview

Utrecht Law Review, Vol. 9, No. 2, p. 123-140, March 2013
Number of pages: 18 Posted: 05 Apr 2013
Accepted Paper Series
Tilburg University and Tilburg Law School
Downloads 158
44.

Regulating Pensions: Why the European Union Matters

Netspar Discussion Paper
Number of pages: 43 Posted: 29 Oct 2011 Last Revised: 27 Feb 2014
Working Paper Series
Utrecht University - Utrecht Centre for Shared Regulation and Enforcement in Europe – RENFORCE, Utrecht University - Europa Institute and Utrecht University
Downloads 158
45.

Mutual Trust and the Dublin Regulation: Protection of Fundamental Rights in the EU and the Burden of Proof

Utrecht Law Review, Vol. 9, No. 1, p. 135-147, January 2013
Number of pages: 13 Posted: 07 Feb 2013
Accepted Paper Series
VU University Amsterdam
Downloads 156
46.

The Clash of Legal Cultures Over the ‘Best Interests of the Child’ Principle in Cases of International Parental Child Abduction

Utrecht Law Review, Vol. 6, No. 2, pp. 33-35, June 2010
Number of pages: 23 Posted: 17 Jun 2010
Accepted Paper Series
Erasmus School of Law
Downloads 155
47.

The Reversal of the Burden of Proof in the Principles of European Tort Law: A Comparison with Dutch Tort Law and Civil Procedure Rules

Utrecht Law Review, Vol. 6, No. 1, pp. 22-32, January 2010
Number of pages: 11 Posted: 26 Jan 2010
Accepted Paper Series
Utrecht Centre for Accountability and Liability Law
Downloads 152
48.

Change of Circumstances in European Contract Law – Convergencies, Distinctions and the Unsolved Mystery of Equitable Adjustment

Unexpected Circumstances in European Contract Law, E. Hondius & H. Grigoleit, Cambridge University Press, March 2011
Number of pages: 14 Posted: 24 May 2012 Last Revised: 03 Apr 2013
Accepted Paper Series
Utrecht University - Faculty of Law and Ludwig Maximilians University of Munich - Faculty of Law
Downloads 150
49.

What's Running the World: Global Values, World Law, the United Nations, and Global Governance

2nd Global International Studies Conference: 'What Keeps Us Apart, What Keeps Us Together', World International Studies Committee (WISC), Ljubljana, Slovenia, July 23-26, 2008
Number of pages: 25 Posted: 08 Mar 2010
Working Paper Series
Utrecht University School of Law
Downloads 146
50.

Canada, the EU and Arctic Ocean Governance: A Tangled and Shifting Seascape and Future Directions

Journal of Transnational Law & Policy, Vol. 18, No. 2, 247, 2009
Number of pages: 42 Posted: 12 Jun 2012
Accepted Paper Series
Dalhousie University - Schulich School of Law, University of Lapland - Northern Institute for Environmental and Minority Law (NIEM) and Utrecht University School of Law (the Netherlands)
Downloads 138