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The Struggle Over Law In Europe
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Book Synopsis The Struggle Over Law in Europe by : ALDO. SANDULLI
Download or read book The Struggle Over Law in Europe written by ALDO. SANDULLI and published by Routledge. This book was released on 2024-04-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book interrogates the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should aim to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analysing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Book Synopsis The Struggle over Law in Europe by : Aldo Sandulli
Download or read book The Struggle over Law in Europe written by Aldo Sandulli and published by Taylor & Francis. This book was released on 2024-04-29 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Book Synopsis Israel and the Struggle over the International Laws of War by : Peter Berkowitz
Download or read book Israel and the Struggle over the International Laws of War written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that Israel stands on the frontlines of a new struggle over the international laws of war and exposes abuses of law that have been promulgated by international human rights lawyers, UN bodies, and intellectuals to illegitimately circumscribe the right of liberal democracies to defend themselves against transnational terrorists. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of those abuses. This book criticizes the flawed assumptions and defective claims arising from both the Goldstone Report and the Gaza flotilla controversy, showing how the legal principles and conclusions advanced by many of Israel's critics threaten not only Israel's national security interests but the United States' as well.
Book Synopsis The Struggle for European Private Law by : Leone Niglia
Download or read book The Struggle for European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
Book Synopsis The Struggle for Law by : Rudolf von Jhering
Download or read book The Struggle for Law written by Rudolf von Jhering and published by . This book was released on 1879 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Citizen’s Guide to the Rule of Law by : Adis Nicolaidis, Kalypso Merdzanovic
Download or read book A Citizen’s Guide to the Rule of Law written by Adis Nicolaidis, Kalypso Merdzanovic and published by BoD – Books on Demand. This book was released on 2021-04-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Book Synopsis Human Rights Law in Europe by : Kanstantsin Dzehtsiarou
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Author :George Hamandishe Karekwaivanane Publisher :Cambridge University Press ISBN 13 :1107190207 Total Pages :293 pages Book Rating :4.1/5 (71 download)
Book Synopsis The Struggle Over State Power in Zimbabwe by : George Hamandishe Karekwaivanane
Download or read book The Struggle Over State Power in Zimbabwe written by George Hamandishe Karekwaivanane and published by Cambridge University Press. This book was released on 2017-11-09 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the law in the constitution and contestation of state power in Zimbabwean history. It is for researchers interested in the history of the state in Southern Africa, as well as those interested in African legal history.
Book Synopsis Transnational Capitalism and the Struggle over European Integration by : Bastiaan van Apeldoorn
Download or read book Transnational Capitalism and the Struggle over European Integration written by Bastiaan van Apeldoorn and published by Routledge. This book was released on 2003-08-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the transnational social forces in the making of a new European socio-economic order that emerged out of the European integration process during the 1980s and 1990s. Arguing that the political economy of European integration must be put within the context of a changing global capitalism, Van Apeldoorn examines how European change is linked to global change and how transnational actors mediate these changes.
Book Synopsis The Struggle for Land Under Israeli Law by : Hadeel S. Abu Hussein
Download or read book The Struggle for Land Under Israeli Law written by Hadeel S. Abu Hussein and published by Routledge. This book was released on 2021-11-29 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.
Book Synopsis Of Privacy and Power by : Henry Farrell
Download or read book Of Privacy and Power written by Henry Farrell and published by Princeton University Press. This book was released on 2021-03-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: How disputes over privacy and security have shaped the relationship between the European Union and the United States and what this means for the future We live in an interconnected world, where security problems like terrorism are spilling across borders, and globalized data networks and e-commerce platforms are reshaping the world economy. This means that states’ jurisdictions and rule systems clash. How have they negotiated their differences over freedom and security? Of Privacy and Power investigates how the European Union and United States, the two major regulatory systems in world politics, have regulated privacy and security, and how their agreements and disputes have reshaped the transatlantic relationship. The transatlantic struggle over freedom and security has usually been depicted as a clash between a peace-loving European Union and a belligerent United States. Henry Farrell and Abraham Newman demonstrate how this misses the point. The real dispute was between two transnational coalitions—one favoring security, the other liberty—whose struggles have reshaped the politics of surveillance, e-commerce, and privacy rights. Looking at three large security debates in the period since 9/11, involving Passenger Name Record data, the SWIFT financial messaging controversy, and Edward Snowden’s revelations, the authors examine how the powers of border-spanning coalitions have waxed and waned. Globalization has enabled new strategies of action, which security agencies, interior ministries, privacy NGOs, bureaucrats, and other actors exploit as circumstances dictate. The first serious study of how the politics of surveillance has been transformed, Of Privacy and Power offers a fresh view of the role of information and power in a world of economic interdependence.
Book Synopsis The Struggle Over Borders by : Pieter de Wilde
Download or read book The Struggle Over Borders written by Pieter de Wilde and published by Cambridge University Press. This book was released on 2019-07-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of how globalization has altered political conflict, giving a fresh perspective on the contemporary rise of populism.
Book Synopsis Taking the EU to Court by : Christian Adam
Download or read book Taking the EU to Court written by Christian Adam and published by Springer Nature. This book was released on 2019-09-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides an exhaustive picture of the role that annulment conflicts play in the EU multilevel system. Based on a rich dataset of annulment actions since the 1960s and a number of in-depth case studies, it explores the political dimension of annulment litigation, which has become an increasingly relevant judicial tool in the struggle over policy content and decision-making competences. The book covers the motivations of actors to turn policy conflicts into annulment actions, the emergence of multilevel actors’ litigant configurations, the impact of actors’ constellations on success in court, as well as the impact of annulment actions on the multilevel policy conflicts they originate from.
Book Synopsis The Struggle for Constitutional Justice in Post-Communist Europe by : Herman Schwartz
Download or read book The Struggle for Constitutional Justice in Post-Communist Europe written by Herman Schwartz and published by University of Chicago Press. This book was released on 2000 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
Book Synopsis The Fight Against Impunity in EU Law by : Luisa Marin
Download or read book The Fight Against Impunity in EU Law written by Luisa Marin and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Book Synopsis Regulating Risks in the European Union by : Maria Weimer
Download or read book Regulating Risks in the European Union written by Maria Weimer and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.
Book Synopsis Struggle over Identity by : Nelly Bekus
Download or read book Struggle over Identity written by Nelly Bekus and published by Central European University Press. This book was released on 2010-04-20 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting the cliché about "weak identity and underdeveloped nationalism," Bekus argues for the co-existence of two parallel concepts of Belarusianness—the official and the alternative one—which mirrors the current state of the Belarusian people more accurately and allows for a different interpretation of the interconnection between the democratization and nationalization of Belarusian society.The book describes how the ethno-symbolic nation of the Belarusian nationalists, based on the cultural capital of the Golden Age of the Belarusian past (17th century) competes with the "nation" institutionalized and reified by the numerous civic rituals and social practices under the auspices of the actual Belarusian state.Comparing the two concepts not only provides understanding of the logic that dominates Belarusian society's self-description models, but also enables us to evaluate the chances of alternative Belarusianness to win this unequal struggle over identity.
