Download or read book European Integration and International Co Ordination Studies in Transnational Economic Law in Honour of Claus Dieter Ehlermann written by Armin von Bogdandy and published by Kluwer Law International B.V.. This book was released on 2002-03-20 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the prominent legal roles Claus-Dieter Ehlermann has played in his career, his leadership of the Legal Service of the European Commission is perhaps the best known. This liber amicorum appears as his term at the Appellate Body of the World Trade Organization draws to a close. In this book 30 of his colleagues offer fresh and provocative insights into many of the areas of international law on which Professor Dr Ehlermann has left his stamp. Topics include: the WTO dispute settlement system; regulation of trade barriers; the first signs of a global jurisprudence; the principle of proportionality; enforcement of competition law; and the place of human rights in European and global integration. This book's evaluations and proposals should find thought-provoking echoes in the minds of all those concerned with any of the integration processes under way in today's interdependent world
Download or read book EU Liability and International Economic Law written by Armin Steinbach and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides both a legal and economic assessment of an increasingly important issue for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international economic law. However, liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position, being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of WTO law. By contrast, international investment law has been designed in an 'individualistic' manner from the outset – states agree reciprocally to grant certain procedural and substantial individual rights, which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law, the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law, liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from Member States to the EU and the nature of investment agreements as mixed agreements. Against this backdrop, exploring liability issues in the area of international economic law reveals a heterogeneous set of questions depending on the area of law concerned, thus offering different perspectives for studying liability issues. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book Regulating Technological Innovation written by M. Heldeweg and published by Springer. This book was released on 2011-12-12 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the regulatory issues of fostering technological innovation and its applications this book combines legal, economic and administrative science perspectives. It answers important questions such as what type of regulatory framework would best fit the needs of technology and innovation developments?
Download or read book Civil Society Participation in European and Global Governance written by J. Steffek and published by Springer. This book was released on 2007-12-04 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often argued that the enhanced consultation of civil society contributes to the democratization of European and global governance. This collection investigates whether this theoretical argument is supported by empirical evidence. Ten original essays analyze current patterns of civil society consultation in 32 intergovernmental organizations.
Download or read book Legal and Institutional Aspects of the European Anti Fraud Office OLAF written by Jan F. H. Inghelram and published by Apollo Books. This book was released on 2011 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: And the future discussions on the establishment of the EPPO, as well as gives legal practitioners an overview of the relevant legal issues related to OLAF investigations.
Download or read book The Pillars of Global Law written by Giuliana Ziccardi Capaldo and published by Routledge. This book was released on 2016-02-24 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.
Download or read book Basic Legal Instruments for the Liberalisation of Trade written by Federico Ortino and published by Hart Publishing. This book was released on 2004 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth analysis of the core legal concepts characterising the two most prominent efforts in the regulation of international trade.
Download or read book Judicial Engagement of International Economic Courts and Tribunals written by Michelle Zang and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises.
Download or read book Law and Governance in an Enlarged European Union written by George A. Bermann and published by Hart Publishing. This book was released on 2004-11 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.
Download or read book Liberalization of Trade in Banking Services written by Bart De Meester and published by Cambridge University Press. This book was released on 2014-07-10 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The financial crisis struck with full force in the autumn of 2008. Very soon after the start of the crisis, culprits were sought. An important recurring argument was that liberalization of trade in banking services, as pursued at the European (within the EU) and international level (in the WTO), had seriously reduced the possibilities for governments to regulate and supervise the banking sector. This book examines the validity of this claim and considers how EU law and WTO law deal with the trade-off any policy-maker must make between stability and efficiency in the market for banking services. The book considers specifically the interaction between EU and WTO law because the EU is itself a Member of the WTO, next to its Member States. This implies that the EU must respect the obligations it undertook in the framework of the WTO when the EU determines its policy towards third-country banks.
Download or read book The Right to Damages under EU Competition Law written by Veljko Milutinovic and published by Kluwer Law International B.V.. This book was released on 2010-11-19 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.
Download or read book The Making of a European Constitution written by Michelle Everson and published by Routledge. This book was released on 2007-09-21 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Constitutional mo(u)rning -- Retelling the legal integration story -- Forgetting law -- Adjudicating non-authoritative law -- Constitutionalising the institutional balance of powers -- The principled judicial mechanics of constitutional morphogenesis -- Constitutionalism beyond constitutions.
Download or read book Standards of Review in WTO Dispute Resolution written by Matthias Oesch and published by Oxford University Press, USA. This book was released on 2003 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a unique study focussing on the highly controversial issue of standards of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In this volume, the current state of law and practice is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases.
Download or read book Non Economic Objectives in WTO Law written by Stefan Zleptnig and published by BRILL. This book was released on 2009-10-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the complex relationship between economic and non-economic objectives in WTO law. It discusses how non-economic objectives (such as the protection of public morals, life and health, environment, or human rights) can serve as justification for trade-restrictive measures normally prohibited under WTO law. The relevant non-economic grounds of justification are analysed, as well as the substantive and procedural requirements which restrain the use of trade-restrictive measures taken for non-economic purposes. The issues covered by this book also have wider systemic implications for the WTO. Only if the WTO can demonstrate that it is not just concerned about free trade, but respects non-economic objectives as well, is it likely to remain a sustainable and legitimate form of governance.
Download or read book The EU Ukraine Association Agreement and Deep and Comprehensive Free Trade Area written by Guillaume Van der Loo and published by BRILL. This book was released on 2016-01-19 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area, Guillaume Van der Loo provides the first comprehensive legal analysis of this complex and controversial international agreement. While key political and legal hurdles towards the signing and conclusion of this agreement are analysed, its scope and contents are scrutinised and contrasted to other international agreements concluded by the EU. Specific attention is devoted to the ambitious “deep and comprehensive free trade area” and the unique provisions related to Ukraine’s approximation to the EU acquis. In particular, this book explores to what extent the agreement can be considered a new legal instrument for ‘EU integration without membership’.
Download or read book Amicus Curiae before International Courts and Tribunals written by Astrid Wiik and published by Nomos Verlag. This book was released on 2018-03-19 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.
Download or read book Domestic Application of International Law written by Yuji Iwasawa and published by BRILL. This book was released on 2022-10-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study on the application of international law in domestic law, with a particular focus on the concept of direct applicability. It critically examines the domestic application of international law and puts forward a new framework.
