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Com2001 24 Final
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Book Synopsis Europe and the Politics of Capabilities by : Robert Salais
Download or read book Europe and the Politics of Capabilities written by Robert Salais and published by Cambridge University Press. This book was released on 2005-01-13 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The social agenda of the European Union is shifting towards broad social initiatives that align social and economic objectives with the promotion of employment. This calls for an action framework that permits social dialogue and political deliberation to inform and complement legislative action at all levels. The debate, however, has been dominated by advocates of traditional welfare states. This book, to break out of this sterile stalemate, demonstrates how an employment-orientated social policy in Europe can develop from a new, different set of policy principles, specifically 'a capability approach'. Taking inspiration from the work of Amartya Sen, this book focuses on the effective freedom people need to achieve their goals in life and work. The result of ongoing collaboration between researchers and social actors, it will appeal to social scientists, students, policy-makers and all those concerned with the building of Europe.
Book Synopsis Human Rights and Ocean Governance by : Mara Ntona
Download or read book Human Rights and Ocean Governance written by Mara Ntona and published by Taylor & Francis. This book was released on 2023-12-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of power and inequality. Building upon the new field of critical MSP studies, this book offers a much-neglected legal contribution. More specifically, it analyses the extent to which law, and particularly human rights law, can be utilised to meaningfully challenge the unjust patterns of human-ocean interaction that MSP preserves or creates, and so provide a vehicle for the formulation and realisation of transformative blue futures. The book looks to human rights as norms that are uniquely capable of bringing into relief the values, cause-and-effect relationships, and uncertainties that prevailing capitalist-industrial framings of the ocean tend to downplay or, worse, disregard. And so, from a more pragmatic viewpoint, the book argues that the policy and advocacy tools associated with human rights can be used within MSP processes to foster patterns of human-ocean interaction which are more conducive to social and environmental justice. This book will be of interest to legal and planning scholars, geographers, and others concerned with ocean governance and the ‘blue turn’ in the social sciences and humanities more generally.
Book Synopsis The Quest for Environmental Regulatory Integration in the European Union by : Eberhard Bohne
Download or read book The Quest for Environmental Regulatory Integration in the European Union written by Eberhard Bohne and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a commonplace that pollution knows no borders, and that environmental law must allow for cross-border implementation. The European Union specifies this principle in EC directives on integrated pollution prevention and control (IPPC), on environmental impact assessment (EIA), and on the control of major accident hazards involving dangerous substances (Seveso II). This is the first book to investigate from both empirical and normative perspectives the effectiveness of these directives at the national level. It provides by far the most extensive comparative analysis and evaluation of the industrial permitting and inspections, EIA, and major accident prevention in the EU. Offering an in-depth study of the transposition and implementation of EC environmental directives in eight EU member states (Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, and the United Kingdom), the author who has played a significant role in the formulation of environmental legislation and regulation at both the national (German) and EU levelsand¿provides a stable base for an assessment of the benefits and costs of the integrated approach to environmental protection. Among the factors considered are the following: key features of national constitutional, administraand¬tive, and judicial systems which provide the framework for environand¬mental regulations and their implementation in the eight countries under study; procedures and substantive requirements transposing the IPPC, EIA and Seveso II directives into national laws; and evaluation of national deficiencies and the extent of muddling through. The empirical part of Dr Bohne's analysis draws on 138 expert interviews with public and private actors, a survey of 178 public authorities, and document analyses of selected industrial permits and environmental impact statements. His comparative analysis of procedural, organizational, and substantive integration makes it possible to identify and compare national accomplishments in regulatory integration, and offers new insights into the effectiveness and limits of EC law. The study concludes with a discussion of the implications of the findings for European governance and better regulation after the enlargement of the EU. This thoroughly researched, rigorous, and insightful study will be of great interest and value to policymakers, regulators, business people, environmental NGOs, consultants, and lawyers, as well as to students of environmental policies and European governance.
Book Synopsis Double (Non-)Taxation and EU Law by : Christoph Marchgraber
Download or read book Double (Non-)Taxation and EU Law written by Christoph Marchgraber and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everywhere,new tax rules are under development to engage with the ever-increasing complexity and sophistication of aggressive tax planning and to reverse the tax base erosion it leads to. The most prominent initiative in this context is the Base Erosion and Profit Shifting (BEPS) project of the OECD. Although double non-taxation is among the main issues the BEPS project intends to address, this book shows that this phenomenon has not yet been fully understood. Focusing on the fundamental freedoms and the State aid rules of the EU, this book thoroughly explains the nature of double non-taxation from an EU law perspective, its relation to double taxation, and the impact of EU law on these phenomena. Among the issues dealt with in the course of the analysis are the following: – locating the gaps and inconsistencies among domestic tax systems exploited by taxpayers; – hybrid mismatch arrangements as a prime example of double non-taxation; – political efforts undertaken within the EU in order to address double taxation and double non-taxation; – double non-taxation in the European VAT system; – the convergence of the fundamental freedoms and the State aid rules; – the ECJ’s dilemma with regard to juridical double taxation; – the deviating approach with regard to economic double taxation; – the potential impact of the ECJ’s case law on the EU law compatibility of double non-taxation. The tax jurisprudence of the ECJ is referred to and comprehensively analysed throughout this whole book. A final chapter provides an outlook on possible developments in the future. By providing the first in-depth analysis of EU law’s impact on double non-taxation – and the double taxation relief standards with which it is intimately related – this book takes a giant step towards greater legal certainty in this challenging area of tax law. It will quickly take its place as a major practical analysis which benefits tax authorities, scholars, and tax practitioners across Europe and even beyond.
Book Synopsis Securing Private Communications by : Axel M. Arnbak
Download or read book Securing Private Communications written by Axel M. Arnbak and published by Kluwer Law International B.V.. This book was released on 2016-06-01 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has become glaringly clear that any communicative act online is subject to breach by intelligence agencies, cybercriminals, advertising networks, employers, and corporate data miners, to mention the most obvious intruders. Internet users, seeing no other choice than to hop onto the web-based bandwagon, have come to depend on a networked communications environment that is fundamentally insecure. Now lawmakers worldwide are gearing up to intervene. Arguing for a stricter stance on protecting private communications security, this groundbreaking study offers a conceptual and legislative toolkit leading to a step-by-step regulatory model in EU law. The proposed model is tested in two detailed case studies on HTTPS and cloud communications. From the interlocking perspectives of fundamental rights, systems design, and political organization, the regulatory model proposed is tested on HTTPS, which covers the user-provider relationship in web browsing, and on "cloud" communications that affect interdomain and intradomain communications. The case studies are based on the infamous DigiNotar breach and the MUSCULAR programme disclosed by whistle-blower Edward Snowden and contain original legal, security economics, and computer science research, conducted jointly with scholars trained in these disciplines. Responding to a general positive human right to communications security that is emerging from European fundamental rights law, this book not only provides one of the first interdisciplinary studies to appear in the academic literature on EU communications security law, but also offers broad recommendations to the EU lawmaker and gives directions for future research. It is sure to become a first point of discussion, reference, and legislative action for policymakers and practitioners in Europe and beyond.
Book Synopsis Environmental Law of Armed Conflict by : Nada Al-Duaij
Download or read book Environmental Law of Armed Conflict written by Nada Al-Duaij and published by BRILL. This book was released on 2021-10-25 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely study examines how the environmental impact of modern warfare violates fundamental principles of international environmental and humanitarian laws and why these consideration need to be included in rules of armed conflict. If direct attacks on innocent civilians are universally recognized as unacceptable then environ-mental devastation of their habitat by acts of war must also be recognized as an unacceptable consequence of armed conflict. The author presents the case that the international community understand its responsibility to curb environ-mental consequences of modern weaponry and incorporate environmental concerns into the conventions regulating armed conflict. Published under the Transnational Publishers imprint.
Book Synopsis European Territorial Cooperation by : Eduardo Medeiros
Download or read book European Territorial Cooperation written by Eduardo Medeiros and published by Springer. This book was released on 2018-03-31 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills an existing academic literature gap by providing a sound and synthetic analysis on the process of European Territorial Cooperation over the last 30 years. This follows from the support from the former EU INTERREG Community Initiative, since 1989, later transformed into the second main goal of EU Cohesion Policy, by 2007: European Territorial Cooperation - ECT. In order to present the ECT process in a more comprehensive manner, and to be the main literature reference regarding this process in the decades to come, this book is divided into four different sections and 12 chapters. The first section summarizes the main impacts and added-value from ETC experiences while proposing the elevation of the ETC goals within EU Cohesion Policies. The second section addresses the process of cross-border cooperation, and namely its impact in reducing border obstacles and supporting ever growing number of cross-border entities. The third section elaborates on the second most important ETC process (transnational cooperation) with a similar approach. Finally, a last section debates the future scenarios for this process in Europe.
Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk A. Zetzsche
Download or read book The Alternative Investment Fund Managers Directive written by Dirk A. Zetzsche and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.
Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk Zetzsche
Download or read book The Alternative Investment Fund Managers Directive written by Dirk Zetzsche and published by Kluwer Law International B.V.. This book was released on 2020-09-17 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the ten years since its coming into force, the Alternative Investment Fund Managers Directive (AIFMD), with almost EUR 7 trillion assets under management in its remit, has become an important piece of European regulation complementing the Undertakings for Collective Investment in Transferable Securities (UCITS) and the Markets in Financial Instruments (MiFI) frameworks. This third edition of the most comprehensive and in-depth analysis of the AIFMD and its related European investment fund legislation (including the European Venture Capital Fund Regulation, the European Social Entrepreneurship Fund Regulation, the European Long-Term Investment Fund Regulation and the European Money Market Fund Regulation among others) brings together fund industry experts, fund supervisors, consultants, lawyers and academics to discuss the content and system of the directive from every angle, including its relation not only to the UCITS and MiFI frameworks but also to pension funds, the Sustainable Finance Disclosure Regulation, the Securitization Regulation and the Cross Border Funds Distribution Directive and Regulation, as well as related pieces of tax regulation at the European level. Further, the third edition emphasizes the function of such factors in the financial services value chain as the following: the AIFMD’s approach to robo-advisors; digital asset funds; infrastructure investments in the context of real estate and sustainable investments; risk management; transparency; and impact on alternative investment strategies. Five country reports, focusing on the European Union’s five most important financial centres for alternative investment funds, deal with the potential interactions among the AIFMD and the relevant laws and regulations of France, Germany, Luxembourg, Ireland and The Netherlands. This thoroughly updated edition elaborates on potential difficulties encountered when applying the directive and provides potential solutions to the problems it raises. The book is sure to be warmly welcomed by fund lawyers and consultants, investors and their counsels, fund managers, depositaries, asset managers and administrators, as well as regulators and academics in the field.
Book Synopsis We Are Not All Victims by : Pamela Couture
Download or read book We Are Not All Victims written by Pamela Couture and published by LIT Verlag Münster. This book was released on 2016 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pamela Couture chronicles the peacebuilding activities of the community led by Bishop Ntambo Nkulu Ntanda, his lay leaders, and ecumenical colleagues. This community responds to the conditions created by the wars in the Democratic Republic of Congo, 1996-2003, organizing relief, building social capacities, engaging in conflict transformation, and often risking their lives for peace. These rural Luba people in the town of Kamina and surrounding villages negotiate their understanding of Christian mandates and local tradition and practice, demonstrating that their appropriation of Christianity and local indigenous tradition can motivate practices of peace. (Series: ?International Practical Theology, Vol. 18) [Subject: African Studies, Peace Studies, Christianity, Religious Studies
Book Synopsis HMSO Agency Catalogue by : Great Britain. Her Majesty's Stationery Office
Download or read book HMSO Agency Catalogue written by Great Britain. Her Majesty's Stationery Office and published by . This book was released on 2002 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Dynamics of Taxation by : Glen Loutzenhiser
Download or read book The Dynamics of Taxation written by Glen Loutzenhiser and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a landmark collection of essays on tax law and policy to celebrate the legacy of Professor Judith Freedman. It focuses on the four areas of taxation scholarship to which she made her most notable contributions: taxation of SMEs and individuals, tax avoidance, tax administration, and taxpayers' rights and procedures. Professor Freedman has been a major driving force behind the development of tax law and policy scholarship, not only in the UK, but worldwide. The strength and diversity of the contributors to this book highlight the breadth of Professor Freedman's impact within tax scholarship. The list encompasses some of the most renowned taxation experts worldwide; they include lawyers, economists, academics and practitioners, from Britain, Canada, Portugal, Australia, Germany, Italy, Malta, Ireland, and Ukraine.
Download or read book Homeland written by Richard Beck and published by Crown. This book was released on 2024-09-03 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking history of how the decades-long war on terror changed virtually every aspect of American life, from the erosion of citizenship down to the cars we bought and TV we watched—by an acclaimed n+1 writer “Richard Beck, like many people alive today, has spent his adult life living in the shadow of 9/11, and Homeland is a devastating inquiry into the new world that day created.”—Greg Grandin, Pulitzer Prize–winning author of The End of the Myth: From the Frontier to the Border Wall in the Mind of America For twenty years after September 11, the war on terror was simultaneously everywhere and nowhere. With all of the military violence occurring overseas even as the threat of sudden mass death permeated life at home, Americans found themselves living in two worlds at the same time. In one of them, soldiers fought overseas so that nothing at home would have to change at all. In the other, life in the United States took on all kinds of unfamiliar shapes, changing people’s sense of themselves, their neighbors, and the strangers they sat next to on airplanes. In Homeland, Richard Beck delivers a gripping exploration of how much the war changed life in the United States and explains why there is no going back. Though much has been made of the damage that Donald Trump did to the American political system, Beck argues that it was the war on terror that made Trump’s presidency possible, fueling and exacerbating a series of crises that all came to a head with his rise to power. Homeland brilliantly isolates and explores four key issues: the militarism that swept through American politics and culture; the racism and xenophobia that boiled over in much of the country; an economic crisis that, Beck convincingly argues, connects the endurance of the war on terror to at least the end of the Second World War; and a lack of accountability that produced our “impunity culture”—the government-wide inability or refusal to face consequences that has transformed how the U.S. government relates to the people it governs. To see American life through the lens of Homeland’s sweeping argument is to understand the roots of our current condition. In its startling analysis of how the war on terror hollowed out the very idea of citizenship in the United States, Beck gives the most compelling explanation yet offered for the ongoing disintegration of America’s social, political, and cultural fabric.
Book Synopsis Towards Auctioning by : Stefan Weishaar
Download or read book Towards Auctioning written by Stefan Weishaar and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emissions trading systems have come to the fore as the most economically efficient mechanisms that can be employed to bring about an optimal greenhouse gas reduction goal. Even though much has been written about the advantages and disadvantages of these systems, one element of crucial importance and emission allowance allocation and has not been considered in adequate depth until the present study. Such an analysis takes on increased importance as it seems likely that market-based auctioning will become the default allocation method throughout the EU under a proposed amendment to the Emissions Trading System (ETS) established by Directive 2003/87/EC. Taking a law and economics approach and that is, using a combined perspective of industrial economics and legal analysis and this important book examines the potential for anticompetitive distortion that may result from auctioning emission allowances. Among the issues investigated in depth are the following: whether the current setup of the EU ETS fosters allocative efficiency or whether this allocative efficiency is hindered by legal impediments or constraints; whether EU competition law can serve to remedy anticompetitive effects stemming from Member State actions taken pursuant to Directive 2003/87/EC; which allocation formats are most desirable from an allocative efficiency and environmental effectiveness point of view; the importance of initial allocation and adjustment of out-of-equilibrium situations under the amended ETS; whether auctioning allowances serves the attainment of market equilibrium even in the continuing presence of andpolluter havensand; the effect of the ECJands so-called andjoint application jurisprudenceand on the ETS; and the allocation of allowances from a state aid perspective. The book provides both a coherent typology of emission allowance allocation mechanisms and the main characteristics of the present emissions trading system, setting the gained insights into a broader perspective. It examines how various assignment mechanisms deal with issues such as price determination, allocative efficiency and environmental effectiveness. It considers how market-based allocation mechanisms compare with administrative allocation mechanisms, particularly those based on the widely applied grandfathering method. And perhaps most important and and of especial value to practitioners and policymakers and it identifies the auction design challenges that must be addressed by the Commission in its implementing regulation due by 30 June 2010.
Book Synopsis The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration by : Kai Purnhagen
Download or read book The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration written by Kai Purnhagen and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.
Book Synopsis Democratisation against Democracy by : Andrea Teti
Download or read book Democratisation against Democracy written by Andrea Teti and published by Springer Nature. This book was released on 2020-01-20 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why the EU is not a ‘normative actor’ in the Southern Mediterranean, and how and why EU democracy promotion fails. Drawing on a combination of discourse analysis of EU policy documents and evidence from opinion polls showing ‘what the people want’, the book shows EU policy fails because the EU promotes a conception of democracy which people do not share. Likewise, the EU’s strategies for economic development are misconceived because they do not reflect the people’s preferences for greater social justice and reducing inequalities. This double failure highlights a paradox of EU democracy promotion: while nominally emancipatory, it de facto undermines the very transitions to democracy and inclusive development it aims to pursue.
Book Synopsis Regulating and Supervising Investment Services in the European Union by : Y. Avgerinos
Download or read book Regulating and Supervising Investment Services in the European Union written by Y. Avgerinos and published by Springer. This book was released on 2003-05-14 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an extensive and critical assessment of the current regulatory and supervisory framework of investment services in the European Union (EU) and proposes alternative institutional structures. Recent trends in financial services at EU level as well as regulatory and institutional developments at national level make the focus of this book very timely. The book contributes to the debate by making specific suggestions with regard to the institutional structure and the operational sphere of a central pan-European regulator.
