Suchergebnisse

Created in 2013 after a troubled and long standing debate, the Unified Patent Court (UPC) is a 'Common Court' of 25 EU Member States that will adjudicate on 'classical' European Patents and on the new European patents with unitary effect. Although its establishing Agreement has not yet entered into force, the establishment of the UPC makes for a very interesting case study. It is a unique construct in the field of international courts and it might well inspire the creation of other 'common jurisdictions' in other fields lying on the border between international and EU law. Future dialogue between the CJEU and the UPC will have to deal with some controversial issues that might require some innovative approaches in the CJEU's jurisprudence and some caution on the part of the UPC. Despite all the efforts made to mitigate the international origin of the UPC, it remains a fundamental anomaly in the system of EU courts, and it clearly demonstrates that the current EU system of judicial protection requires profound reconsideration.

the image a nation has of a foreign people is frequently influenced by the cultural works, beliefs and stereotypes created on such people by leading intellectuals. Through the study of two texts by Voltaire and Diderot - the Letters on England and Voyage en Hollande - published respectively at the beginning and at the end of the XVIII century, this article wishes to explore the way the two European peoples, at that time considered a model for progress, were represented. In both works balanced description and deep analysis give way to a narrative style whose main aim is to justify and support, more or less openly, the reformist ideals and programmes of the authors: social ones, in Voltaire's case, political and aesthetical-anthropological ones in Diderot's case. A delusive antithesis between things that are dynamic – as the country portrayed – and things that are inert is thus generated. ; Peer reviewed

Bruno Latour and Eduardo Viveiros de Castro provided the initial impetus for explicitly ontological research in archaeology. Their impact on archaeologists, however, has been quite different. What I call the "metaphysical archaeologists" trace their genealogy from Latour, though they are now equally influenced by "new materialism" and the "new ontological realism" ( Gabriel 2015 ). They have introduced an alternative metaphysical orthodoxy to archaeology. In contrast, Viveiros de Castro and colleagues have authorized the return of the grand ethnographic analogy to archaeology, particularly in the case of animism. A second, quite different tendency inspired by these same anthropologists is to engage with indigenous ideas as theories to reconfigure archaeological concepts and practice. I suggest that a point of convergence between the metaphysical and the latter anthropological approaches exists in their focus on the concept of alterity.

In September 2012, a group of outsourced service workers at the University of London, many from Latin America, launched the "3 Cosas Campaign" demanding equal treatment with in‐house employees. Drawing from qualitative interviews and social media analysis this article explores the extent to which formal and informal mechanisms of union voice provide effective bargaining and mobilization tools to low‐paid outsourced workers. The rank‐and‐file autonomous union that led the campaign, although excluded from union recognition, developed powerful strategies to expose the employer publicly obtaining key improvements for the workers. The central argument is that a mix of strategies "at the edge of informality" including unpredictable direct action, community mobilization, and media campaigns provide additional leverage to outsourced workers confronting their multiple employers, while union recognition remains a key strategy of legitimization for relatively disenfranchised migrant workers.

This article examines a joint effort by the union Unite and the community organisation London Citizens to unionise two migrant-rich hotels in London. The author explores the effectiveness of union and community strategies in the field of migrant organising drawing from the literature on union strategy and workers' activism and focusing on workers' own experiences of mobilisation. Gender, contractual and migration-related barriers to workers' engagement in the campaign appeared determinant of the failure of the unionisation effort while the leaders eventually favoured a politics of incentive towards employers, 'contracting out' the protest to institutional actors in the community. The central argument is that neither workplace-based nor community unionism alone appears effective in terms of sustaining union activism among highly fragmented, migrant and precarious workforces. The renewal of industrial unionism in the UK rather requires unions to tackle the intersecting discriminations experienced by migrants across their communities and workplaces.

L'elaborato affronta due profili significativi della culpa in contrahendo. In primo luogo si occupa del dibattito sulla natura giuridica della stessa, prendendo posizione con argomenti tradizionali e nuovi a favore della sua natura extracontrattuale. In secondo luogo cerca di ragionare sulla collocazione codicistica e dogmatica della stessa, passando in rassegna alcune figure simili. Ciò permette nelle conclusioni di spostarsi dallo ius conditum allo ius condendum e immaginare qualche linea guida per risolvere con il formante legislativo alcuni problemi che resterebbero di competenza della sola dottrina e giurisprudenza.

El trabajo explora ciertos lazos entre el pensamiento kantiano y la propuesta de los intelectuales argentinos durante el período posrevolucionario en lo referido a las herramientas para "salir de la revolución" y construir una nación. Se analizan algunas de las coincidencias entre ambos pensamientos en dos planos: en el de los diagnósticos de la realidad posrevolucionaria y de las dificultades que hay que afrontar para llevarla a buen término y en el de los proyectos diseñados para lograrlo. Se tratan ciertos "tópicos" de la "generación del '37" y se destaca su relación (que se reconoce como mediada pero se rescata como genuina y significativa) con el pensamiento kantiano sobre la historia y la política. ; This paper explores certain bonds between Kantian thinking and the Argentinean intellectuals' proposal outlined during the post–revolution period, in relation to the means to "get out of the revolution" and build a new nation. Certain coincidences between these two schools of thought are analyzed from two perspectives: one in relation to the diagnoses of the post–revolutionary reality and the difficulties to be overcome in order to succeed; the other, in reference to the projects designed to achieve such goal. Topics relevant to the "'37 generation" are also discussed, especially in relation to Kantian's thinking about History and Politics. Such relationship is admittedly mediated but recognized as genuine and significant. ; Fil: Alberti, Miguel. Universidad Nacional de La Plata