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The volume presents seven contributions which analyse two different progressive complex developments of European law: the legal challenges of adherence to the internal market without membership in the European Union in a comparative view of Norway (EEA) and Switzerland ("Bilateral Agreements"), and the legal answers to the financial and/or budgetary crisis and challenges in Europe. The common denominator of both subjects is the raising complexity of European law.--
Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.
"The Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprise scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.
The book is essential reading to all those interested in foreign policy analysis, the relationship between democracy and international relations, the significance of being a small state in contemporary Europe and the specificities of the Swiss
This book investigates how sustainability informs key principles and concepts of domestic and international law. It calls for the recognition of ecological sustainability as a fundamental principle to guide the entire legal system rather than just environmental legislation. To this end, the book makes a contribution to global environmental constitutionalism, a rapidly growing area within comparative and international environmental law and constitutional law. This 2nd edition has been fully revised and updated to take account of recent developments and new case law. The book will be a valuable resource for students, researchers and policy makers working in the areas of environmental law and governance.
Publié à l'occasion du 60e anniversaire du Prof. Peter Knoepfel, Professeur à l'Institut de hautes études en administration publique (IDHEAP).
Hauptbeschreibung Regulation is one of the intensely debated big issues in developed market economies in general and within the European Economic Area in particular. To which extent regulation is reasonable and legitimate in the context of the European market economy and whether existing regulation is supported by strategies in the European Economic Area is the topic of this volume. Its eight contributions analyse three types of issues: the general role of regulation in the European Economic Area, the assessment of specific areas of European regulation (securities, consumer protection, anti-discrimination, environment protection), and criminal law as a new frontier in European regulation.
This book analyses Switzerland’s European policies using the concept of differentiated European integration, providing a new and original perspective on the country. This analytical approach focuses on the similarities between Switzerland's EU policies and the integration of EU member states. The latter have often been the focus of research as Switzerland is the last Western European country not to have become a member of the European Union (EU) or the European Economic Area (EEA). The book claims that Switzerland’s position on the European integration map is different in terms of degree from many EU member states, but not different in kind. The cornerstone of the book is new empirical data quantitatively measuring Switzerland’s differentiated integration during the period 1990 – 2010. The data rely on the sectoral agreements Switzerland concluded with the EU and the voluntary incorporation of EU law into domestic legislation. The book shows, among other findings, that over time Swiss European policies have begun to resemble integration policies and that the more they did so, the more dynamically they evolved.
Considering paradigmatic changes and current challenges in international law this collection of essays covers diverse areas such as law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and its relationship to domestic law.
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.