Studies in European Law and Integration – serie
Visar alla böcker i serien Studies in European Law and Integration. Handla med fri frakt och snabb leverans.
4 produkter
4 produkter
1 927 kr
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This book consists of interrelated essays by many past and present members of the EUI Law Department. The contributors are all well-known specialists in their fields,whose essays address such issues as the effects of integration upon certain national laws, the elaboration of EU law to provide a new framework for or replacement for national laws, the piece-meal development of specific legal strands of EU law and their intertwining with national or international laws, and the indirect and sometimes unintended consequences of European integration with regard to national, EU, or international law.
1 567 kr
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In recent years European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light ineffectiveness of the present system. Consequently the European Commission has responded by issuing the "White Paper on Modernisation",which sets out its vision on the future of EC competition law. This new book takes a step back, and tries to understand the current challenges to EC competition policy by examining the origins of the Community's competition law system. In the first part of the book the author sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of today. Taking this dynamic perspective on EC competition law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and Member States, and decentralised enforcement of Community law. Notably, the author's conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation.The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book will be of interest to competition lawyers as well as to all those interested in the constitutional development of the European Community.
Domestic Structures and International Trade
The Unfair Trade Instruments of the United States and European Union
Inbunden, Engelska, 2001
1 687 kr
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This book places international trade law within an economic,political and sociological context, contending that globalisation is characterised by both homogeneity and diversity. However, while implying changes within contracting parties, globalisation only results in a 'thin' homogeneity. Furthermore, globalisation is the result of the interaction, negotiations and policies between states. From this perspective, the book attempts to explain trade policy as resulting from domestic factors. Thus, if globalisation is characterised by diversity, how do such differences affect the trade policy of states in an era where nearly everything is subject to commerce? The book focuses on the US and the EC, analysing different institutional and substantive aspects of unfair trade instruments, such as anti-dumping and countervailing measures and market access instruments. Domestically, it focuses on both constitutional and socio-economic constraints. The book considers political action prescribed by formal constitutions in a wider socio-economic context, rejecting the a-historical and structurally blind normative idea of free trade.
1 567 kr
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The processes of legal and economic integration at a regional and global scale have created powerful legal and economic dilemmas. They challenge the paradigms of constitutionalism,including the State's monopoly of constitutionalism, the autonomy of national political communities and the traditional forms of participation and representation. The phenomena of globalisation and regional forms of governance have promoted the inter-dependence of national political communities and destroyed the artificial boundaries upon which national constitutional democracies are found and from which they derive their legitimacy. Furthermore, it is inevitable that the development of international trade and economic integration will raise claims for some form of global distributive justice to complement the wealth maximisation arising from free trade. This will come from the gradual development of global forms of political discourse and law-making, challenging State constitutionalism and requiring some of the instruments and theories of constitutionalism.The essays in this collection, written by leading scholars in international trade law, argue the pros and cons of greater regional and global regulation. They conclude that whatever the final framework for international trade, the critical decisions about institutional form and content will be decided in an emerging global political arena. They help to identify this political arena, who governs it, and according to which rules, and identify the different institutional alternatives in that global political arena.