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The European Civil Code: The Way Forward
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Hugh Collins
Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating ...
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A Common Law of International Adjudication
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Chester Brown
Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing one important question: namely, whether international courts and ...
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Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority
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David B Goldman
What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the ...
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Globalization and the Harmonization of Law
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by
Jarrod Wiener
Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues. Concentrating on one aspect of sovereignty, that of protective jurisdiction, Wiener examines the USA and ...
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Convergence in Shareholder Law
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Mathias M Siems
On the one hand, it can be argued that the increasing economic and political interdependence of countries has led to the convergence of national legal systems. On the other hand, advocates of the counterhypothesis maintain that this development is both unrealistic and unnecessary. Mathias Siems examines the company law of the UK, the USA, Germany ...
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Justice Contained: Law and Politics in the European Union
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Lisa J Conant
In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member ...
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Comparative Foundations of a European Law of Set-Off and Prescription
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Professor Reinhard Zimmermann
The emergence of a European private law is one of the great issues on the legal agenda of our time. Set-off and 'extinctive' prescription (or limitation of actions) are much neglected topics in comparative literature. Professor Zimmermann provides practical examples of the arguments that may be employed in the process of harmonising European ...
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Paradoxes of European Legal Integration
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Hanne Petersen
The focus of this book is on the tensions and difficulties of European legal integration. Four paradoxes of contemporary integration are presented with the purpose of offering a framework for understanding some of the major interconnected processes. Dilemmas in the processes of constitutionalization and democratization are examined, as well as the ...
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The Economics of Lawmaking
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Francesco Parisi, Vincy Fon
The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of ...
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Emerging Legal Certainty: Empirical Studies on the Globalization of Law
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by
Volkmar Gessner
This work deals with empirical aspects of what political scientists call patterns of globalization. It builds on social scientific reflections and discussions on globlization processes which converge on the observation that the world is shrinking in terms of economic exchanges and communications.
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Eu Intervention in Domestic Labour Law
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Phil Syrpis
This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic and social arguments which have been deployed in ...
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The Coherence of Eu Law: The Search for Unity in Divergent Concepts
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by
Sacha Prechal (Editor), Bert Van Roermund (Editor)
The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In ...
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Anti-Money Laundering: International Law and Practice
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Wouter H Muller (Editor), Christian H Kalin (Editor), John Goldsworth (Editor)
"Anti-Money Laundering" is the definitive reference on money laundering and practice. First an outline will be given of the general approach taken by supra-national organisations like the United Nations and the European Council. Next the approach taken by international organisations and initiatives on the basis of the supra-national initiatives ...
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Constitutional Law of the European Union
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Sionaidh Douglas-Scott
This new text in the Law in Focus series offers a distinctive focus on the public, constitutional law of the EU, treating this not as a set of formalist procedures, but relating it to underlying principles e.g. in terms of democracy, transparency , accountability and respect for individual rights. The book incorporates a critical assessment of ...
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European Fiscal Studies: Pension Systems in the European Union: Competition and Tax Aspects
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Leo Stevens, Humbert Drabbe, Gerry Dietvorst
The tax treatment of pensions and pension schemes is undergoing a period of rapid development across the European Union. Following publication of the European Commission Green Paper on Supplementary Pensions in the Single Market in June 1997, the Council adopted a Directive on safeguarding the supplementary pension rights of employed and self ...
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The Cisg: A New Textbook for Students and Practitioners
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Peter Huber, Alastair Mullis
Today, international sales contracts are frequently governed by the 1980 UN Convention on the International Sale of Goods (CISG). The CISG is in force in more than 60 states all over world both industrial nations and developing countries. It has been widely applied in international commercial transactions in the past twenty years. More than 1,700 ...
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International Criminal Law: Cases and Materials
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Jordan J Paust
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The European Foundation: A New Legal Approach
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by
Klaus Hopt (Editor), W Rainer Walz (Editor), Thomas Von Hippel (Editor)
The European Commission is already preparing the future framework of not-for-profit organizations which will be available to Europeans. The aim of the European Foundation Project is to develop the legislative draft for the legal form of a European Foundation. A team of experts in comparative law from across Europe, commissioned by the Bertelsmann ...
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The Harmonisation of European Private Law
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by
Mark Van Hoecke (Editor), Francois Ost (Editor)
This volume,which offers a bridge between comparative law and legal theory, centers upon debates about European legal integration, and, more generally, about the methodology of comparative law. What should be compared? Statutory rules, case law, legal history, law's political, sociological and economical environment, the ideological background of ...
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European Community Law
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Ralph Haughwout Folsom
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Eu Food Law: Protecting Consumers and Health in a Common Market
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by
Caoimhin Macmaolain
This is the first comprehensive analysis of the European Union law of food regulation. It details the way in which EU law impacts upon the production and sale of food throughout the Union. It examines the legal protection accorded to the free movement of food within the EU, discussing those circumstances in which Member States may derogate from ...
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An International Restatement of Contract Law: The Unidroit Principles of International Commercial Contracts
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Michael Joachim Bonell
The "Unidroit Principles of International Contracts", first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than ...
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Law and Integration in the European Union
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by
Stephen Weatherill
In recent years, the EC has enjoyed a significant increase in its profile at both national and international levels. This study explains how the legal rules which underpin the process of integration in the EC have been shaped in order to give effect to the Community's objectives. It is accordingly suitable as an introductory text designed to ...
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Multilevel Regulation and the Eu: The Interplay Between Global, European and National Normative Processes
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by
Andreas Follesdal (Editor), Ramses A Wessel (Editor), Prof. Jan Wouters (Editor)
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of ...
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International Criminal Law
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by
Jordan L Paust, Michael P Scharf, Leila Sadat
The second edition of International Criminal Law has been updated especially to reflect case trends in the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity) as well as developments and issues with ...
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