Download or read book A Transatlantic Community of Law written by Elaine Fahey and published by . This book was released on 2014-07-18 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Download or read book A Transatlantic Community of Law written by Elaine Fahey and published by . This book was released on 2014-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Download or read book A Transatlantic Community of Law written by Elaine Fahey and published by Cambridge University Press. This book was released on 2014-07-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a medium for communication between the EU and the USA, law has the ability to provide unique insights into the state of contemporary transatlantic relations. A Transatlantic Community of Law offers legal perspectives on the emerging institutional characteristics of transatlantic relations and contemporary rule-making in both trade and security. Making use of rule of law analysis which has hitherto not been conducted in transatlantic relations scholarship, it draws together EU law, governance and rule-making scholarship and offers new ways of thinking about the use of law and contemporary transatlantic institutions.
Download or read book A Transatlantic Community of Law written by Elaine Fahey and published by Cambridge University Press. This book was released on 2014-07-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Download or read book From Civil to Human Rights written by Helle Porsdam and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by Cambridge University Press. This book was released on 2017-02-02 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Download or read book Transatlantic Jurisdictional Conflicts in Data Protection Law written by Mistale Taylor and published by Cambridge University Press. This book was released on 2023-04-13 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
Download or read book Legal Integration of Islam written by Christian Joppke and published by Harvard University Press. This book was released on 2013-04-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.
Download or read book Institutionalisation beyond the Nation State written by Elaine Fahey and published by Springer. This book was released on 2018-04-26 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.
Download or read book The Transatlantic Constitution written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2008-03-31 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Download or read book Transatlantic Defence Procurement written by Luke R. A. Butler and published by Cambridge University Press. This book was released on 2017-03-02 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades there has been repeated emphasis on the extent to which barriers to trade in Europe and the US prevent a more competitive defence market. Transatlantic Defence Procurement offers the first analysis of the potential impact of defence procurement regulation itself as a barrier to trade between the US and the EU. Part I examines the external dimension of a new EU Defence Procurement Directive, focusing on its implications for third countries, in particular the US. Part II examines foreign access and treatment under US law. Part III maps a future research agenda that is essential for a more systematic understanding of legal barriers to transatlantic defence trade. The book provides context for future initiatives, ranging from reformed market access arrangements to a Defence Transatlantic Trade and Investment Partnership and beyond.
Download or read book The Routledge Handbook of Transatlantic Relations written by Elaine Fahey and published by Taylor & Francis. This book was released on 2023-07-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Transatlantic Relations is an essential and comprehensive reference for the regulation of transatlantic relations across a range of subjects, bringing together contributions from scholars, policy makers, lawyers and political scientists. Future oriented in a range of fields, it probes the key technical, procedural and policy issues for the US of dealing with, negotiating, engaging and law-making with the EU, taking a broad interdisciplinary perspective including international relations, politics, political economic and law, EU external relations law and international law and assesses the external consequences of transatlantic relations in a systematic and comprehensive fashion. The transatlantic relationship constitutes one of the most established and far-reaching democratic alliances globally, and which has propelled multilateralism, trade regulation and the EU-US relationship in global challenges. The different contributions will propose solutions to overcome these problems and help us understand the shifting transatlantic agenda in diverse areas from human rights, to trade, and security, and the capacity of the transatlantic relationship to set new international agendas, standards and rules. The Routledge Handbook of Transatlantic Relations will be a key reference for scholars, students and practitioners of Transatlantic Relations/EU-US relations, EU External Relations law, EU rule-making, EU Security law and more broadly to global governance, International law, international political economy and international relations.
Download or read book Pax Transatlantica written by Jussi M. Hanhimäki and published by Oxford University Press. This book was released on 2021 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pax Transatlantica asserts that the recurrent transatlantic crises that have dominated headlines since the end of the Cold War, while not irrelevant, pale when set against the realities of shared interests and goals. It emphasizes three key factors. First, despite inflammatory and dismissive rhetoric, NATO continues to provide a solid security structure for its member states; an institutional framework of a Pax Transatlantica that has stood the test of time by expanding its remit and scope. Second, in a world concerned with the potential effects of trade wars (especially between the US and China) and the rise of economic nationalism, the transatlantic economic relationship stands apart as the richest, most closely integrated transcontinental economic space on the globe. Third, the book will trace the parallel evolution of domestic politics on both sides of the Atlantic with specific focus on the rise of populism. Rather than a sign of transatlantic 'drift,' the rise of populism - much like the emergence of so-called 'Third Way politics on both sides of the Atlantic in the 1990s - is evidence of a closely integrated transatlantic political space. In the end, while it is obvious that the history of the transatlantic relationship - even during the Cold War - was littered with crises, the relationship has endured. Conflicts have illustrated, time and again, the strength of the transatlantic community. The 'West', the book concludes, not only continues to exist. It is likely to thrive in the future"
Download or read book The End of the West written by Jeffrey J. Anderson and published by Cornell University Press. This book was released on 2016-03-15 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past several years have seen strong disagreements between the U.S. government and many of its European allies, largely due to the deployment of NATO forces in Afghanistan and the commitment of national forces to the occupation of Iraq. News accounts of these challenges focus on isolated incidents and points of contention. The End of the West? addresses some basic questions: Are we witnessing a deepening transatlantic rift, with wide-ranging consequences for the future of world order? Or are today's foreign-policy disagreements the equivalent of dinner-table squabbles? What harm, if any, have recent events done to the enduring relationships between the U.S. government and its European counterparts? The contributors to this volume, whose backgrounds range from political science and history to economics, law, and sociology, examine the "deep structure" of an order that was first imposed by the Allies in 1945 and has been a central feature of world politics ever since. Creatively and insightfully blending theory and evidence, the chapters in The End of the West? examine core structural features of the transatlantic world to determine whether current disagreements are minor and transient or catastrophic and permanent.
Download or read book Transatlantic Perspectives on International Economic Law written by Peter-Christian Müller-Graff and published by Nomos Verlagsgesellschaft. This book was released on 2009 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: A transatlantic dialogue on varying perspectives on international economic law was the purpose of a round-table conference held at the University of Heidelberg in June 2007. During this conference, particular interest focused on the emerging binding framework of the World Trade Organization and on the developing legal framework of the European Community. This volume contains transcripts of the lectures given at the conference, as well as the text of the public lecture by Professor John H. Jackson from Georgetown University, which preceded the conference.
Download or read book Law s History written by David M. Rabban and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism. Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory and the history of higher education"--
Download or read book Transparency and Secrecy in European Democracies written by Dorota Mokrosinska and published by Routledge. This book was released on 2020-11-11 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.
