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The EU, the WTO and China
Legal Pluralism and International Trade Regulation
Francis Snyder
This book presents a new theoretical framework for understanding the regulation of international trade. For this purpose, it analyses a series of integrated studies of relations between the EU, the WTO and China. It consists of three main parts. Part I introduces the basic concepts. It surveys the literature on law and globalisation, introduces the concept of sites of governance and the theory of global legal pluralism and sketches the foundations of global legal pluralism. It shows that each site of governance has both a structural dimension, consisting of institutions, norms and dispute resolution processes, and a relational dimension, comprising its relations with other sites of governance. The totality of sites of governance constitut...
September 2010   500pp    hbk    9781841137049    £75.00   
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Oliver on Free Movement of Goods in the European Union
Fifth Edition
Editor Peter J Oliver: Contributors: Stefan Enchelmaier, Malcolm Jarvis, Angus Johnston, Sven Norberg, Peter J Oliver, Christopher Stothers and Stephen Weatherill
This is a new edition of Peter Oliver's classic work Free Movement of Goods in the European Community (now, in the light of the Lisbon Treaty revisions "European Union") which has established itself as one of the leading works of reference on European law for practitioners and academics alike. Indeed, whether advising clients or preparing for teaching there is no European lawyer who can afford not to have a copy of this book close to hand. Concise, precise, and lucid, the book has become the first port of call for anyone seeking answers to questions about the foundations of free movement of goods in the EU. With specialist chapters written by leading academic and practising lawyers, including Peter Oliver himself, this edition has been ex...
September 2010   528pp    hbk    9781841138107    £95.00   
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Direct Investment, National Champions and EU Treaty Freedoms
From Maastricht to Lisbon
Frank S Benyon
Within the EU, the legal dimension of trade in goods and, more recently, of trade in services have gained clear contours. This is less true for cross-border direct investments. Within the system of the fundamental freedoms, cross-border direct investments may fall within the scope of the freedom of establishment (Art 49 TFEU, 43EC), the free movement of capital (Art 63 TFEU, 56EC) and sometimes the freedom to provide services (Art 56 TFEU, 49EC). The free movement of capital has been the last fundamental freedom to be endowed with direct effect. The investment potential of Sovereign Wealth Funds makes this a very topical subject. The ECJ has started to develop the full potential of the free movement of capital and the freedom of establis...
August 2010   144pp    hbk    9781849461085    £45.00   
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Reflexive Governance
Redefining the Public Interest in a Pluralistic World
Edited by Olivier De Schutter and Jacques Lenoble
Reflexive governance offers a theoretical framework for understanding modern patterns of governance in the European Union (EU) institutions and elsewhere. It offers a learning-based approach to governance, but one which can better respond to concerns about the democratic deficit and to the fulfillment of the public interest than the currently dominant neo-institutionalist approaches. The book is composed of one general introduction and eight chapters. Chapter one introduces the concept of reflexive governance and describes the overall framework. The following chapters of the book then summarise the implications of reflexive governance in major areas of domestic, EU and global policy-making. They address in turn: Services of General Intere...
May 2010   266pp    hbk    9781849460682    £50.00   
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Mixed Agreements Revisited
The EU and its Member States in the World
Edited by Christophe Hillion and Panos Koutrakos
Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by...
May 2010   418pp    hbk    9781841139548    £75.00   
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Enforcement and Enforceability
Tradition and Reform
C.H. van Rhee, Alan Uzelac
Enforcement of court judgments and other enforceable documents was until about a decade ago a relatively neglected subject, both as a topic of systematic and comparative legal research, and as an area for harmonization at the regional and international level. This situation has changed somewhat in the first years of the third millennium, which may be attributed to the encounter with massive inefficiencies of the mechanisms of legal protection in a number of European countries. The ambition of this book is to contribute to the efforts devoted to the comparative study and research in the area of enforcement. The book aims at supplying a number of perspectives on the development of enforcement practices and structures, mainly in Europe. The...
May 2010   377pp    pbk    9789400000735    £83.00   
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European Human Rights and Family Law
Shazia Choudhry and Jonathan Herring
This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights th...
April 2010   480pp    pbk    9781841131757    £55.00   
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European Energy Law Report VII
Martha Roggenkamp and Ulf Hammer
The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Packag...
April 2010   290pp    pbk    9789400000490    £149.00   
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Legitimacy in EU Cartel Control
Ingeborg Simonsson
This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether cer...
February 2010   440pp    hbk    9781849460057    £85.00   
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Research Guide to Instruments of European Regional Organizations
Frederic Eggermont, Stefaan Smis
This Research Guide to Instruments of European Regional Organizations is the product of years of teaching experience in methodology of law in the capital of Europe, namely at the Law Faculty of the Free University of Brussels. The research guide focuses on how to find and use instruments of European regional organizations. It is mainly intended to be a practical instrument for students of an advanced level, lawyers and public servants who work in the field of European law. In a practical way, this book offers a detailed description on how to do research in sources of European law in the most efficient way. The different sources of European law are examined. The research guide gives an answer to a variety of questions one may be confronted w...
February 2010   176pp    pbk    9789400000353    £54.00   
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