the global reach of eu law studies in modern law and policy

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The Global Reach Of Eu Law

Author : Elaine Fahey
ISBN : 9781315524078
Genre : Law
File Size : 65. 29 MB
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The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.

The Global Reach Of European Refugee Law

Author : Hélène Lambert
ISBN : 9781107435711
Genre : Law
File Size : 87. 27 MB
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Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.

Criminalising Cartels

Author : Caron Beaton-Wells
ISBN : 9781847318138
Genre : Law
File Size : 63. 79 MB
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This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

Philosophical Foundations Of European Union Law

Author : Julie Dickson
ISBN : 9780191652158
Genre : Law
File Size : 49. 37 MB
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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

The Concept Of Abuse In Eu Competition Law

Author : Pinar Akman
ISBN : 9781847318909
Genre : Law
File Size : 52. 97 MB
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The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.

Introduction To International And Global Studies Second Edition

Author : Shawn C. Smallman
ISBN : 9781469621661
Genre : Political Science
File Size : 88. 23 MB
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This innovative introduction to international and global studies, updated and revised in a new edition, offers instructors in the social sciences and humanities a core textbook for teaching undergraduates in this rapidly growing field. Encompassing the latest scholarship in what is a markedly interdisciplinary endeavor, Shawn Smallman and Kimberley Brown introduce key concepts, themes, and issues and then examine each in lively chapters on essential topics that include the history of globalization; economic, political, and cultural globalization; security, energy, and development; health; agriculture and food; and the environment. Within these topics, the authors explore such timely and pressing subjects as commodity chains, labor (including present-day slavery), human rights, multinational corporations, and the connections among them. New to this edition: * The latest research on debates over privacy rights and surveillance since Edward Snowden's disclosures * Updates on significant political and economic developments throughout the world, including a new case study of European Union, Icelandic, and Greek responses to the 2008 fiscal crisis * The newest information about the rise of fracking, the Fukushima nuclear disaster, the decline of the Peak Oil movement, and climate change, including the latter's effects on the Arctic and Antarctica * A dedicated website with authors' blog and a teaching tab with syllabi, class activities, and well-designed, classroom-tested resources * An updated teacher's manual available online, including sample examination questions, additional resources for each chapter, and special assistance for teaching ESL students * Updated career advice for international studies majors

Subject Guide To Books In Print

Author :
ISBN : STANFORD:36105025888517
Genre : American literature
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The Peacetime Use Of Foreign Military Installations Under Modern International Law

Author : John Woodliffe
ISBN : 079231879X
Genre : Law
File Size : 26. 97 MB
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Contents.

Foreign Direct Investment And Human Development

Author : Olivier De Schutter
ISBN : 9781135128067
Genre : Law
File Size : 36. 2 MB
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This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

The Political Economy Of Noncompliance

Author : Scott Siegel
ISBN : 9781136721366
Genre : Political Science
File Size : 48. 73 MB
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The Political Economy of Noncompliance explains why states fail to comply with international law.

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