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Beyond Networks Interlocutory Coalitions The European And Global Legal Orders

Author: Gianluca Sgueo
Publisher: Springer
ISBN: 331928875X
Size: 32.44 MB
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This book explores the activism promoted by organised networks of civil society actors in opening up possibilities for more democratic supranational governance. It examines the positive and negative impact that such networks of civil society actors – named “interlocutory coalitions” – may have on the convergence of principles of administrative governance across the European legal system and other supranational legal systems. The book takes two main controversial aspects into account: the first relates to the convergence between administrative rules pertaining to different supranational regulatory systems. Traditionally, the spread of methods of administrative governance has been depicted primarily against the background of the interactions between the domestic and the supranational arena, both from a top-down and bottom-up perspective. However, the exploration of interactions occurring at the supranational level between legal regimes is still not grounded on adequate empirical evidence. The second controversial aspect considered in this book consists of the role of civil society actors operating at the supranational level. In its discussion of the first aspect, the book focuses on the relations between the European administrative law and the administrative principles of law pertaining to other supranational regulatory regimes and regulators, including the World Bank, the International Monetary Fund, the World Trade Organization, the United Nations, the Organization for Economic Cooperation and Development, the Asian Development Bank, and the Council of Europe. The examination of the second aspect involves the exploration of the still little examined, but crucial, role of civil society organised networks in shaping global administrative law. These “interlocutory coalitions” include NGOs, think tanks, foundations, universities, and occasionally activists with no formal connections to civil society organisations. The book describes such interlocutory coalitions as drivers of harmonized principles of participatory democracy at the European and global levels. However, interlocutory coalitions show a number of tensions (e.g. the governability of coalitions, the competition among them) that may hamper the impact they have on the reconfiguration of individuals’ rights, entitlements and responsibilities in the global arena.

The Asia Investor

Author: Aaron Chaze
Publisher: John Wiley & Sons
ISBN: 9780470826812
Size: 31.21 MB
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Emerging Asia was the fairytale story to emerge from the economic horror that engulfed much of the world in 2008 and 2009. Even at the height of the crisis key emerging Asian economies made headlines for extraordinary macro growth numbers. But the question frequently asked is whether emerging Asian nations, especially China, will be able to sustain their pace of growth. In this timely book, Asian expert Aaron Chaze asks whether the booming Asian economies have what it takes to move away from an export-led, external-trade dominated economy and truly embrace a free-market philosophy. The Asia Investor provides a solid framework for analyzing investment opportunities across the region and picking potential winners. Asia is buoyed by several trends that drive these opportunities and it is the analysis of these trends that forms the core of this book.

Human Rights In Business

Author: Juan José Álvarez Rubio
Publisher: Taylor & Francis
ISBN: 1351979159
Size: 74.24 MB
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Accountability And Regulatory Governance

Author: A. Bianculli
Publisher: Springer
ISBN: 1137349581
Size: 58.47 MB
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This collection improves our understanding of the problems associated to accountability in regulatory governance, focusing on audiences, controls and responsibilities in the politics of regulation and through a systematic exploration of the various mechanisms through which accountability in regulatory governance

The Influence Of Human Rights On International Law

Author: Norman Weiß
Publisher: Springer
ISBN: 3319120212
Size: 70.19 MB
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This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.

Sports Law And Policy In The European Union

Author: Richard Parrish
Publisher: Oxford University Press
ISBN: 1847795838
Size: 29.94 MB
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Investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other European Court of Justice decisions, the relationship between sport and EU competition law, the organization of sport, and the relationship between sport and the EU Treaty.

The Influence Of Human Rights And Basic Rights In Private Law

Author: Verica Trstenjak
Publisher: Springer
ISBN: 3319253379
Size: 73.76 MB
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This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

The Consistent Application Of Eu Competition Law

Author: Adriana Almășan
Publisher: Springer
ISBN: 3319473824
Size: 30.14 MB
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In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Trends And Challenges In Maritime Energy Management

Author: Aykut I. Ölçer
Publisher: Springer
ISBN: 331974576X
Size: 25.13 MB
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This book provides an overview of contemporary trends and challenges in maritime energy management (MEM). Coordinated action is necessary to achieve a low carbon and energy-efficient maritime future, and MEM is the prevailing framework aimed at reducing greenhouse gas emissions resulting from maritime industry activities. The book familiarizes readers with the status quo in the field, and paves the way for finding solutions to perceived challenges. The 34 contributions cover six important aspects: regulatory framework; energy-efficient ship design; energy efficient ship and port operation; economic and social dimensions; alternative fuels and wind-assisted ship propulsion; and marine renewable energy. This pioneering work is intended for researchers and academics as well as practitioners and policymakers involved in this important field.

Doing Business In 2004

Author: Simeon Djankov
Publisher: World Bank Publications
ISBN: 9780821353417
Size: 75.66 MB
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A co-publication of the World Bank, International Finance Corporation and Oxford University Press