- Table View
- List View
The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)
by Michel Rosenfeld, András SajóThe field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Assessing the Effectiveness of International Courts (International Courts and Tribunals Series)
by Yuval ShanyAre international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.
The Protection of Intellectual Property in International Law
by Henning Grosse Ruse-KhanThis book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. These frameworks allow for different ways to conceptualise the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system. It analyses the relationship of the two main IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law: the intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements as well as European human rights treaties. Part four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.
The Protection of Intellectual Property in International Law
by Henning Grosse Ruse-KhanThis book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system. The first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. These frameworks allow for different ways to conceptualise the linkages amongst international IP rules and those to other areas of international law. Part two then considers norm relations within the international IP system. It analyses the relationship of the two main IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and Free Trade Agreements (FTAs). The third part discusses alternative rule systems for the protection of IP in international law: the intellectual creations element of IP is captured by the concept of creator's rights in international human rights law; while the property aspect of IP is protected by international investment agreements as well as European human rights treaties. Part four focuses on three core intersections between the international IP system and other areas of international law related to environmental, social and economic concerns. The areas examined concern international law on trade, biological diversity and climate change. As in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international IP norms. In part five finally, the focus shifts back to the international IP system and the mechanisms it provides for taking into account the interests protected in other areas of international law.
Exploitation And Economic Justice In The Liberal Capitalist State
by Mark R. ReiffExploitation and Economic Justice in the Liberal Capitalist State develops the first new, liberal theory of economic justice to appear since John Rawls and Ronald Dworkin proposed their respective theories back in the 1970s and early 1980s. It does this by presenting a new, liberal egalitarian, non-Marxist theory of exploitation that is designed to be a creature of capitalism, not a critique of it. Indeed, the book shows how we can regulate economic inequality using the presuppositions of capitalism and political liberalism that we already accept. In doing this, the book uses two concepts or tools: a re-conceived notion of the ancient doctrine of the just price, and the author's own concept of intolerable unfairness. The resulting theory can then function as either a supplement to or a replacement for the difference principle and luck egalitarianism, the two most popular liberal egalitarian theories of economic justice of today. It provides a new, highly-topical, specific moral justification not only for raising the minimum wage, but also for imposing a maximum wage, for continuing to impose an estate tax on the wealthiest members of society, and for prohibiting certain kinds of speculative trading, including trading in derivatives such as the now infamous credit default swap and other related exotic financial instruments. Finally, it provides a new specific moral justification for dealing with certain aspects of climate change now regardless of what other nations do. Yet it is still designed to be the object of an overlapping consensus — that is, it is designed to be acceptable to those who embrace a wide range of comprehensive moral and political doctrines, not only liberal egalitarianism, but right and left libertarianism too.
The War Prerogative: History, Reform, and Constitutional Design
by Rosara JosephThis book studies the evolution of the war prerogative in England from 1600-2012. It traces the historical theory and practice of the war prerogative and proposes reform of the constitutional arrangements for its exercise. It addresses three key questions. First, what have writers on political and constitutional theory said about the constitutional arrangements for the war prerogative, and, in particular, what justifications have been advanced for those arrangements? Secondly, in practice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or have Parliament and the courts had a role to play in their exercise and scrutiny? Thirdly, are there better ways to organise our constitutional arrangements for the war prerogative, to enable a more substantive role for Parliament (particularly the House of Commons) in its exercise and scrutiny? On the first question, it is shown that orthodox theoretical and political discourses have continuously asserted the executive's exclusive power over war, but the justifications advanced for that arrangement have changed over time. Those changes reflect the varying influence of different political theories at different times. On the second question, it is found that, contrary to orthodox theoretical and political discourses, Parliament has played an active and substantive role in the exercise and scrutiny of the war prerogative. The courts have refused to intervene in the exercise of the war prerogative, but have been more ready to intervene in cases involving the exercise of powers incidental to the war prerogative. On the third question, it is argued that reform of the constitutional arrangements for the war prerogative is necessary and desirable. The use of 'institutional mechanisms' is recommended, which are small-scale rules and institutional arrangements, within existing institutions, which aim to promote certain normative goals. In particular, the enactment of a statute is proposed, which would impose conditions on the executive's exercise of its war prerogative. It is argued that these proposals show that, through careful institutional design, democratic values, national security, and operational efficiency can each be reconciled and promoted.
The Culturalization of Human Rights Law
by Federico LenzeriniThe idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.
Digital Government At Work: A Social Informatics Perspective
by Ian McLoughlin Rob Wilson Mike MartinOver the past decade, putting public services on-line has been a focus of huge policy and financial investments aimed at providing more joined-up service delivery. For some this is part of a transformation that is bringing about a new era of integrated digital government. For others digitalization means threats to privacy and security and a strengthening of bureaucracy. In the UK and beyond, front-line service providers and citizens have been slow to take up digital services whilst major projects have floundered. This book takes a fresh look at this vital area for public policy and practice. Informed by over ten years of original research on the 'inside' of projects to put local services on-line, the authors combine cross-disciplinary insights to provide a new social informatics perspective on digital government. Experiences in areas such as health and social care are used to illustrate the dangers of 'over-integration' when key decisions are left to system designers, as they seek to integrate information in centralized systems. The authors argue for a new 'architectural discourse' to change the way that systems are deployed, evolve, and are governed. This leads to the conclusion that increased coordination of public services in a digital economy is better achieved through federated rather than integrated services that recognize the infrastructural nature of information systems and the essential role of co-production in their future evolution
Enforcement of Intellectual Property Rights through Border Measures: Law and Practice in the EU
Providing a practical analysis of anti-counterfeiting and anti-piracy measures at the borders of the European Union, this book deals with all aspects of border measures under Regulation (EC) 1383/2003. It includes a thorough description of the implementation of the regime and also looks at areas of national law, giving a coherent and comprehensive overview of the application of the border measures regime within the European Union. Fully updated in the second edition to include the two more recent Member States of Bulgaria and Romania, the work provides important guidance for intellectual property rights-holders on the practical application of border measures in these two Member States. Coverage of the legislation and guidance is also updated to include commentary on Commission Regulation 1172/2007, which created a new application for action form for the applications based on a "Community right", as well as the DG TAXUD manual for filing applications for action under Regulation 1381/2003. Updates to case law include important recent decisions in relation to goods in transit, sanctions against traffickers when a case has been settled under the simplified procedure, Community applications for action, and the ECJ's Advocate-General's opinion on the use of information provided to an intellectual property rights-holder during a border seizure of goods.This second edition also considers the UK HMRC's fundamental changes to its detention and seizure procedures in respect of goods infringing trade mark and copyright. New material includes a new stakeholder mapping section explaining the respective roles of the many international organisations that are active in the enforcement of intellectual property rights such as WIPO, WCO, WHO, OLAF, EUROPOL, and INTERPOL as well as a new chapter on organized crime in light of its increasing occurrence within counterfeiting networks.
Blackstone's Handbook of Ports & Border Security
by Andrew Staniforth Police National (PNLD)Blackstone's Handbook of Ports & Border Security is a practical, portable handbook for police officers and other professionals concerned with security and crime prevention at all UK ports and borders. Over the past decade, significant legislative and operational changes have been introduced to strengthen British borders against international organized crime and terrorism. Police officers, counter-terrorism officers, immigration and customs officials are now required to work together within new operating procedures and organizations. This book brings together all the relevant legislation, as well as powers, procedures and strategies for those professionals. Divided into two parts, Part 1 offers clear and detailed explanations of strategy, operational guidance, case studies, and an outline of the functions of key agencies. Part 2 is devoted to the legislation itself, focusing primarily on the powers and procedures for police, immigration and customs officers, and the main offences relating to terrorist and extremist activity, organized crime, criminal assets, firearms, and aviation, rail and maritime security. Written by the Police National Legal Database, Part 2 features explanatory notes, related cases and points to prove.
Law as a Leap of Faith: Essays on Law in General
by John GardnerHow do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'? These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law (1961), Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time.
EU Competition and Internal Market Law in the Healthcare Sector
by Leigh Hancher Wolf SauterThis work gives an overview of the impact of EU competition rules and internal market law on healthcare systems in Europe. Alongside a thorough discussion of healthcare provision and the medical professions, the book covers health insurance, pharmaceuticals, and medical devices. There is an examination of the impact of the four freedoms, the cartel and abuse of dominance prohibitions and merger control, as well as the rules on state aid and public procurement. The book also considers horizontal measures as they affect healthcare. Written by experts, this is an ideal tool for those requiring an in-depth discussion of this important area of EU law.
The Law of Reinsurance
by Colin Edelman QC Andrew BurnsThis concise and accessible guide to reinsurance law is an easy-to-read specialist reference focusing solely on reinsurance. The second edition builds on the success of the first which filled a gap in the market for an easy to use and pithy explanation of the law in this field avoiding the need to recount the whole of general insurance law. With usability and practicality in mind a number of features have been further developed in this edition. The authors have provided more guidance on areas which are undecided by the courts such as Follow the Settlements, incorporation, non-disclosure, and misrepresentation. Areas of complexity such as the role of good faith in reinsurance contracts have also been given greater coverage in this second edition. Also new to this edition is a glossary of reinsurance terms which helps to make the volume even more accessible. This book is both practical and authoritative, and is successful in isolating the key issues in reinsurance law to provide an easy and reliable reference source. It is a must-have work for all reinsurance practitioners.
The Law of Reinsurance
by Colin Edelman QC Andrew BurnsThis concise and accessible guide to reinsurance law is an easy-to-read specialist reference focusing solely on reinsurance. The second edition builds on the success of the first which filled a gap in the market for an easy to use and pithy explanation of the law in this field avoiding the need to recount the whole of general insurance law. With usability and practicality in mind a number of features have been further developed in this edition. The authors have provided more guidance on areas which are undecided by the courts such as Follow the Settlements, incorporation, non-disclosure, and misrepresentation. Areas of complexity such as the role of good faith in reinsurance contracts have also been given greater coverage in this second edition. Also new to this edition is a glossary of reinsurance terms which helps to make the volume even more accessible. This book is both practical and authoritative, and is successful in isolating the key issues in reinsurance law to provide an easy and reliable reference source. It is a must-have work for all reinsurance practitioners.
The Europeanization of Intellectual Property Law: Towards a European Legal Methodology
With a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly "European" legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.
EU Energy Law
by Angus Johnston Guy BlockThis work is the only current, single volume coverage of the the latest EU energy legislation and its application on the context of the rules of the EU Treaties. Providing a comprehensive account of EU energy law following the adoption of the third energy package in 2009 this book focuses on internal market issues and the applicable rules and developments in energy law. It covers key issues such as environmental and contractual matters, and the roles and responsibilities of regulatory authorities, including the new Agency for the Cooperation of Energy Regulators (ACER). As well as the Third Package Directives in the Electricity and Gas Internal market, the work covers a wealth of other recent legislative material, including the accompanying Regulations on cross-border trade in gas and electricity, the ACER Regulation, the Regulation on Energy Market Integrity and Transparency, the Second Renewables Directive, the Gas Security of Supply Regulation, the Carbon Capture and Storage Directive, as well as proposals for the new Energy Efficiency Directive. Relevant case law from the free movement and competition fields is integrated into the substantive analysis of particular topics including detailed analysis of PreussenElektra, cases on security of supply, and various competition law decisions and cases concerning, for example, essential facilities and long-term contracts (involving capacity reservation and destination clauses etc). In addition to discussing energy contracts generally, the work also analyses regulatory problems relating to energy contracts which are not covered by other books in the field. Pre-existing long-term contracts raise problems relating to investment law (under the Energy Charter Treaty, bilateral investment treaties, etc) and fundamental rights law (property rights protection). New long-term contracts raise both regulatory and competition law questions which are also discussed. Coverage also includes the evolution of the EU's energy legislation; the liberalization of energy markets after the third package; security of supply; energy sources; and energy efficiency. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here in a revised and expanded form for the benefit of those who do not subscribe to the looseleaf.
International Climate Change Law
by Daniel Bodansky Jutta Brunnée Lavanya RajamaniThis textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.
International Climate Change Law
by Jutta Brunnée Lavanya Rajamani Daniel BodanskyThis textbook, by three experts in the field, provides a comprehensive overview of international climate change law. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created an international climate regime. The treaties that comprise the regime - the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement establish a system of governance to address climate change and its impacts. This book provides a clear analytical guide to the climate regime, as well as other relevant international legal rules. The book begins by locating international climate change law within the broader context of international law and international environmental law. It considers the evolution of the international climate change regime, and the process of law-making that has led to it. It examines the key provisions of the Framework Convention, the Kyoto Protocol and the Paris Agreement. It analyses the principles and obligations that underpin the climate regime, as well as the elaborate institutional and governance architecture that has been created at successive international conferences to develop commitments and promote transparency and compliance. The final two chapters address the polycentric nature of international climate change law, as well as the intersections of international climate change law with other areas of international regulation. This book is an essential introduction to international climate change law for students, scholars and negotiators.
Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary
by European Max Planck Group on Conflict of Laws in Intellectual PropertyThe Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field. This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.
Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary
by European Max Planck Group on Conflict of Laws in Intellectual PropertyThe Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field. This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.
The Historical Foundations of EU Competition Law
by Kiran Klaus Patel Heike SchweitzerShedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration. Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits, and its often unique substance.
Schemes of Arrangement: Law and Practice
by Geoff O'Dea Julian Long Alexandra SmythThis new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.
The Normalization Of The European Commission: Politics And Bureaucracy In The Eu Executive
by Anchrit WilleThe European Commission started out in the 1950s as a technocratic international organization. Today, it has acquired many of the organizational features and behavioural patterns that are highly typical of the 'normal' executives in national settings. This 'normalization' of the EU executive is due to a series of treaty reforms and internal administrative transformations that were effectuated after the demise of the Santer Commission. Based on a large number of in-depth interviews with commissioners, heads of cabinet, and senior civil servants in the Commission, and on extensive documentary evidence, this study shows how a reinforced regime of political and administrative accountability has profoundly changed the executive relationships between politicians and bureaucrats in the Commission. The book presents a grounded empirical portrait of life at the top in the EU, exposing the Commission's struggle to revive its legitimacy and to turn it into a more transparent, accountable, and efficient organization during the Prodi and Barroso's tenures. Officials and office-holders describe in their own words the imperatives they face and the relationships they maintain, providing readers a rare insight into the day-to-day practices in one of the world's most powerful executives.
If Money Talks, What Does It Say?: Corruption And Business Financing Of Political Parties (Comparative Politics)
by Iain McMenaminWhy do businesses contribute to political parties? Is money a universal language? Do business contributions to political parties convey different messages in different countries? This book answers these questions based on intensive case studies of Australia, Canada, and Germany, as well as data from other countries. Business money does talk politics. In liberal Australia and Canada, the competitive short-term focus of firms generated substantial demand for private goods that could help firms develop an advantage over their rivals. Thus, business financing of parties conveyed a pragmatic message: in exchange for small but certain financial benefits, contributing businesses expect, as a reciprocation, to receive special consideration of their lobbying efforts. Australia's left-right party system created an awareness of policy risk, which motivated ideological payments, but there was no ideological bias in business financing of politics in centrist Canada. In Germany's co-ordinated economy, the most important policies for firms tend to be the public goods defined, championed, and delivered by their business associations. In this context, the pragmatic motivation for contributions to political parties is weak. The combination of consensual political institutions and constrained parties means there is a very low risk of major policy change from election to election. So, there is also little interest in ideological financing of political parties. If money talks, what does it say? places business financing of political parties in the context of debates about political corruption and offers advice on political reform. Comparative Politics is a series for students, teachers, and researchers of political science that deals with contemporary government and politics. Global in scope, books in the series are characterised by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit: www.ecprnet.eu The Comparative Politics series is edited by Professor David M. Farrell, School of Politics and International Relations, University College Dublin, Kenneth Carty, Professor of Political Science, University of British Columbia, and Professor Dirk Berg-Schlosser, Institute of Political Science, Philipps University, Marburg.