Redefining Harmonisation
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| Author | : Ghio, Emilie |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 240 |
| Release | : 2022-06-14 |
| Genre | : Law |
| ISBN | : 1789903831 |
Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.
| Author | : Stefania Carnevale |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 607 |
| Release | : 2017-12-28 |
| Genre | : Law |
| ISBN | : 1509904719 |
The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.
| Author | : Christopher Heath |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 275 |
| Release | : 2004-01-01 |
| Genre | : Law |
| ISBN | : 9041122923 |
In several major areas of international trade'particularly software and technology transfer'a harmonised regime of intellectual property law is a crucial prerequisite to success. Yet this legal concept appears to be extraordinarily difficult to establish on any agreed-upon basis among countries. And nowhere has the sought-for harmonisation proven more intractable than in the countries of the Asia Pacific region. Intellectual Property Harmonisation in ASEAN and APEC investigates the complex issues that lie at the root of this major block to the unhampered global flow of commerce based on intangible assets. By highlighting the background of Asian legal systems, both in terms of culture and intellectual property systems, the authors suggest how the current obstacles towards greater harmonisation and integration may be overcome. Defining the accepted principles enshrined in TRIPS, the Paris Convention, and other international agreements, the presentation describes the relatively successful European experience and then goes on to develop strategic variations geared to relate more precisely to harmonisation, integration and co-operation in the East Asian region. Among the important elements of the problem (and its potential solutions) discussed in this book are the following: the strong influence of legal culture in the different Asian countries;the limits of IP harmonisation in Europe;the importance of understanding the political and cultural perceptions that prevail in the various Asian countries;the non-uniform approach of different Asian countries due in part to bilateral free trade agreements; andthe experience of patent office cooperation and its potential as a model for smaller countries. The contributing authors have all worked in the IP field for more than a decade and have followed closely the developments of intellectual property law since the advent of the TRIPS Agreement. Their collective expertise includes both academic and practical considerations on IP harmonisation. Intellectual Property Harmonisation in ASEAN and APEC will be of great value and interest to policymakers seeking effective enforcement of intellectual property rights, to international lawyers counseling clients on Asia, and to academics working in the fields of intellectual property or Asian law. MAX PLANCK SERIES ON ASIAN INTELLECTUAL PROPERTY LAW 10
| Author | : Dariusz Adamski |
| Publisher | : Cambridge University Press |
| Total Pages | : 517 |
| Release | : 2018-04-19 |
| Genre | : Law |
| ISBN | : 1108381804 |
European economic integration has relied on policies intended to make the European Union strong and resilient economically, socially and politically. The Eurozone crisis and Brexit have demonstrated, however, how fragile this hope was and how contested reforms to the major European economic policies have become. Dariusz Adamski explains the evolution of these policies - from the Economic and Monetary Union to the internal market, international trade, the EU's climate policy, as well as its redistributive policies - and demonstrates how this evolution has made European economic integration increasingly frail. He shows how erroneous economic and political assumptions regarding the direction of the European integration project have interplayed with the EU's constitutional context. Arguing that flaws in individual policies contributing to European economic integration can be remedied in compliance with the existing constitutional setup, he explains why such solutions would be economically beneficial and politically feasible.
| Author | : Karen G. Villholth |
| Publisher | : CRC Press |
| Total Pages | : 621 |
| Release | : 2017-12-14 |
| Genre | : Science |
| ISBN | : 1351808419 |
This book addresses groundwater governance, a subject internationally recognized as crucial and topical for enhancing and safeguarding the benefits of groundwater and groundwater-dependent ecosystems to humanity, while ensuring water and food security under global change. The multiple and complex dimensions of groundwater governance are captured in 28 chapters, written by a team of leading experts from different parts of the world and with a variety of relevant professional backgrounds. The book aims to describe the state-of-the-art and latest developments regarding each of the themes addressed, paying attention to the wide variation of conditions observed around the globe. The book consists of four parts. The first part sets the stage by defining groundwater governance, exploring its emergence and evolution, framing it through a socio-ecological lens and describing groundwater policy and planning approaches. The second part discusses selected key aspects of groundwater governance. The third part zooms in on the increasingly important linkages between groundwater and other resources or sectors, and between local groundwater systems and phenomena or actions at the international or even global level. The fourth part, finally, presents a number of interesting case studies that illustrate contemporary practice in groundwater governance. In one volume, this highly accessible text not only familiarizes water professionals, decision-makers and local stakeholders with groundwater governance, but also provides them with ideas and inspiration for improving groundwater governance in their own environment.
| Author | : Emilie Ghio |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 313 |
| Release | : 2023-12-11 |
| Genre | : Law |
| ISBN | : 180392876X |
An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.
| Author | : Fabrizio Cafaggi |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 369 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1848441274 |
This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.
| Author | : Sacha Garben |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 601 |
| Release | : 2017-10-05 |
| Genre | : Law |
| ISBN | : 1509913491 |
The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.
| Author | : Les Levidow |
| Publisher | : Routledge |
| Total Pages | : 324 |
| Release | : 2009-12-04 |
| Genre | : Business & Economics |
| ISBN | : 1135237816 |
This book examines European institutions being ‘put on trial’ for how their regulatory procedures evaluate and regulate genetically-modified products. Levidow highlights how public controversy created a legitimacy crisis, leading to national policy changes and demands, in turn stimulating changes in EU agbiotech regulations as a strategy to regain legitimacy.
| Author | : James Devenney |
| Publisher | : Cambridge University Press |
| Total Pages | : 475 |
| Release | : 2012-04-05 |
| Genre | : Law |
| ISBN | : 1107013011 |
This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.
