The European Codification Process
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The European Codification Process
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Author : Ugo Mattei
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
The European Codification Process written by Ugo Mattei and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.
The Politics Of A European Civil Code
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Author : Martijn Willem Hesselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
The Politics Of A European Civil Code written by Martijn Willem Hesselink and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only "Investment Disputes Under NAFTA" delivers: Article-by-Article explanations of the ins and outs of Chapter 11; a valuable collection of key case law that has been affected by Chapter 11; accurate and thorough cross-referencing to help you quickly and easily find all relevant material; and logical organization of all materials as well as a complete index and table of cases. This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's "Investment Disputes Under NAFTA" also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case
Process And Procedure In Eu Administration
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Author : Carol Harlow Harlow KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-20
Process And Procedure In Eu Administration written by Carol Harlow Harlow KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Law categories.
This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.
The Oxford Handbook Of European Legal History
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Author : Heikki Pihlajamäki
language : en
Publisher: Oxford University Press
Release Date : 2018-06-28
The Oxford Handbook Of European Legal History written by Heikki Pihlajamäki and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Law categories.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Codification In International Perspective
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Author : Wen-Yeu Wang
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-12
Codification In International Perspective written by Wen-Yeu Wang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-12 with Law categories.
No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.
Brokering Europe
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Author : Antoine Vauchez
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-26
Brokering Europe written by Antoine Vauchez and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-26 with Law categories.
A new historical and sociological account for the broad definitional power of law in the European Union polity.
The Western Codification Of Criminal Law
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Author : Aniceto Masferrer
language : en
Publisher: Springer
Release Date : 2018-03-09
The Western Codification Of Criminal Law written by Aniceto Masferrer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-09 with Law categories.
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Codifying Contract Law
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Author : Mary Keyes
language : en
Publisher: Routledge
Release Date : 2016-05-23
Codifying Contract Law written by Mary Keyes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
European Integration Processes Of Change And The National Experience
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Author : S. Börner
language : en
Publisher: Springer
Release Date : 2015-06-02
European Integration Processes Of Change And The National Experience written by S. Börner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-02 with Political Science categories.
In order to better understand processes of European integration, this book offers a new perspective that compares past experiences of change to current transitional moments at the European level. It addresses key questions about European society, EU integration and social change to reveal the social construction of emergent polities and societies.
Reneual Model Rules On Eu Administrative Procedure
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Author : Paul Craig
language : en
Publisher: Oxford University Press
Release Date : 2017
Reneual Model Rules On Eu Administrative Procedure written by Paul Craig and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.