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European Capital Markets Law
Edited by Rüdiger Veil
European capital markets law has developed rapidly in recent years, in the form of four framework directives and numerous implementing directives aimed at improving the integrity and functioning of capital markets. The financial crisis has given further impetus to the development of a European supervisory structure. This book systematises the European directives and examines the underlying concepts from a broadly interdisciplinary perspective. National differences in selected Member States – Austria, France, Germany, Italy, Spain, Sweden and the United Kingdom – are also explored. The first chapter deals with the foundations of capital markets law in Europe, the second explains the basics, and the third examines the rules ensuring market i...
May 2013   556pp    pbk    9781849464406    $100.00   
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Law after Modernity
Sionaidh Douglas-Scott
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a cruc...
April 2013   428pp    hbk    9781841130293    $100.00   
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The Private Enforcement of Competition Law in Ireland
David McFadden
Competition is recognised as a key driver of growth and innovation. Competition ensures that businesses continually improve their goods and services whilst striving to reduce their costs. Anti-competitive conduct by businesses, such as price-fixing, causes harm to the economy, to other businesses and to consumers. It is small businesses and the consumer who ultimately pay the price for anti-competitive conduct. A coherent competition policy that is both effectively implemented and effectively enforced is essential in driving growth and innovation in a market economy. The importance of competition was recently emphasised when the EU/ECB/IMF 'Troika' included a number of competition specific conditions to the terms of Ireland's bailout. Both ...
April 2013   302pp    hbk    9781849464130    $100.00   
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Services and the EU Citizen
Edited by Frank S Benyon
The importance of services in the EU economy has increased exponentially in the last decades as have the number and scope of EU rules, both those liberalising the provision of services and those protecting their recipients or consumers - the passengers, patients, viewers and bank depositors. However, these consumers, in their capacity as citizens, are increasingly disillusioned with the EU and its institutions. This book, written by practitioners, academics and advocates before the European Court, reflects on these developments, examining rules in numerous service sectors, from the capping of roaming call charges upheld in the Vodafone decision, through health care, to the requirement for air carriers to care for and compensate passengers...
April 2013   230pp    hbk    9781849464260    $110.00   
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EU and Investment Agreements
Open Questions and Remaining Challenges
Edited by Marc Bungenberg, August Reinisch and Christian Tietje
The transfer of Foreign Direct Investment competence to the EU within the Treaty of Lisbon opened the way for a more coherent EU international investment policy. Two and a half years on, an EU and Investment Agreements conference was convened to assess crucial issues that remain unresolved. This volume, which comprises the papers presented at that conference, focuses on topical and highly-debated issues such as the role of the Member States in the negotiation and conclusion of future EU investment agreements, the inclusion of investor-state dispute settlement provisions in these agreements, and the status of national investment insurance systems in the wake of the Treaty of Lisbon. These are the key topics which pose as yet unresolved quest...
March 2013   216pp    pbk    9781849465311    $130.00   
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Child Abduction within the European Union
Katarina Trimmings
The first part of the book critically evaluates the evolution of the separate intra-EU child abduction regime and examines the extent to which the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels II bis Regulation. It seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction and for the tightening of the 1980 Hague Abduction Convention return mechanism. The second part of the book presents findings of a statistical survey into the operation of child abduction provisions of the Brussels II bis Regulation in the first year of the functioning of the instrument and reveals how effectively the intra-EU return mecha...
March 2013   276pp    hbk    9781849463973    $110.00   
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Lawyering Europe
European Law as a Transnational Social Field
Edited by Antoine Vauchez and Bruno de Witte
While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. Th...
March 2013   306pp    hbk    9781849463782    $100.00   
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The International Responsibility of the European Union
European and International Perspectives
Edited by Malcolm Evans and Panos Koutrakos
How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, suc...
March 2013   382pp    hbk    9781849463287    $130.00   
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The Involvement of EU Law in Private Law Relationships
Edited by Dorota Leczykiewicz and Stephen Weatherill
The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and ...
March 2013   492pp    hbk    9781849463300    $150.00   
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Current Problems in the Protection of Human Rights
Perspectives from Germany and the UK
Edited by Katja S Ziegler and Peter M Huber
While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts ...
March 2013   276pp    hbk    9781849461245    $100.00   
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