Download or read book The Role of the EU in Transnational Legal Ordering written by Marta Cantero Gamito and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
Download or read book The European Union under Transnational Law written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Download or read book The Foundations of European Transnational Private Law written by Anna Beckers and published by Bloomsbury Publishing. This book was released on 2024-05-30 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
Download or read book The European Union s Shaping of the International Legal Order written by Dimitry Kochenov and published by Cambridge University Press. This book was released on 2014 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new approach to the study of EU law of external relations.
Download or read book International Law as Law of the European Union written by Enzo Cannizzaro and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.
Download or read book Transnational Legal Ordering and State Change written by Gregory C. Shaffer and published by Cambridge University Press. This book was released on 2013 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.
Download or read book Beyond the Established Legal Orders written by Malcolm Evans and published by Bloomsbury Publishing. This book was released on 2011-04-19 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.
Download or read book Does International Trade Need a Doctrine of Transnational Law written by Maren Heidemann and published by Springer Science & Business Media. This book was released on 2012-02-14 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.
Download or read book The Principle of Solidarity written by Eva Kassoti and published by Springer Nature. This book was released on 2023-02-13 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.
Download or read book Between Autonomy and Dependence written by Ramses A. Wessel and published by Springer Science & Business Media. This book was released on 2012-12-14 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.
Download or read book Transnational Law written by Miguel Maduro and published by Cambridge University Press. This book was released on 2014-05 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effects of law's de-nationalisation by placing European law in the context of transnational law.
Download or read book Essays on the Development of the International Legal Order written by Haro F. Van Panhuys and published by Martinus Nijhoff Publishers. This book was released on 1980-10-08 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments like the completion of the Single Market, the adoption of the Treaty on European Union, the opening up of the European Economic Area, & the emergence of the Central & Eastern European markets make it vital for all legal practitioners & academics concerned with commercial & transnational law to have access to up-to-date information on the laws governing business throughout the whole of Europe. European Business Law Review offers current, authoritative information on a wide range of issues & developments in European business law. Written by a distinguished international team of legal practitioners & academics, European Business Law Review proves an invaluable source of current information, practical analysis, & expert guidance for all lawyers, advisers, & researchers dealing with European business law on a regular basis. Every month European Business Law Review includes analytical articles offering incisive investigations & practical analysis of topics of current importance; country reports highlighting key issues from different European countries; Eurobrief, containing concise summaries of the latest European Community Directives, as reported in the Official Journal, & details of relevant communications from key European institutions; case notes on important recent cases from the European Court of Justice, the Court of First Instance & various national courts; & reviews of the latest literature on areas of European business law. European Business Law Review provides a regular service of opinions & new information, offering practical analysis & guidance on a broad spectrum of topics relating to commercial law in Europe. It covers legal developments in the European Community, the EFTA countries, & the new democracies of Central & Eastern Europe, & also offers an insight into the legal aspects of European trade with non-European countries. As of February 1997, the editorship of the European Business Law Review has been taken over by the Institute of Advanced Legal Studies, London .
Download or read book International Law Aspects of the European Union written by Martti Koskenniemi and published by Martinus Nijhoff Publishers. This book was released on 1998 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about the relationship between international and community law usually centres on the question of which of these two 'belongs' to the other, and how 'special' community legal order is in relation to international law. In this volume, a distinguished group of Finnish and British academics and practitioners break new ground by, instead of becoming mired in these questions, clearly examining the international law aspects of the activities of the Community and the Union. In doing so, they have elucidated points of connection and possible points of conflict. The result is a thought-provoking collection of essays which examines community law through the conceptual grid of international law, and thus enriches our understanding of the workings of both.
Download or read book The Limits of Transnational Law written by Guy S. Goodwin-Gill and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Download or read book Comparative Law as Transnational Law written by Russell A. Miller and published by Oxford University Press, USA. This book was released on 2012 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.
Download or read book Ordering Pluralism written by Mireille Delmas-Marty and published by Bloomsbury Publishing. This book was released on 2009-08-25 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC
