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This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. It considers what specific impact and effects the EU’s rules are having, and its approach to global rule-making. Using a casestudy of the Area of Freedom, Security and Justice, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU rule-making.
In the Irish legal order, there is a rapid increase in the amount of case law on European Union law. This book analyzes the key case laws, texts, and commentaries in a diversity of EU law-related subject areas, and it provides an up-to-date and comprehensive collection of materials on EU law. The standard published texts in EU law do not include any materials as to the Irish legal order, and research considering the operation of EU law in the national courts has frequently excluded data as to Ireland on the basis of a paucity of case law. However, in recent years, there has been a major increase in case law in this area from the Irish Superior Courts and a large increase in EU Regulations and Directives in Irish law. A collection of key case law and materials is now a timely one. A mini-schedule of relevant primary legislation and constitutional texts are included in the book, which will be of major interest to students, academics, practitioners, and government/public servants.
This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.
Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its 'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called 'Brussels Effect' resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action.
This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.
The EU's free trade and investment agreements : European convergence with world trade law? / Frank Hoffmeister -- Convergence through EU unilateralism / Jed Odermatt -- Converging dual-use export control with human rights norms : the EU's responses to digital surveillance exports / Machiko Kanetake -- The EU and international investment agreements : to diverge is to converge / Mauro Gatti -- Epilogue : EU global and regional convergence / Michelle Egan -- Resistances to global convergence / Fernanda G Nicola -- EU and US regulatory coherence in TTIP - similarities and differences / David Henig -- EU external relations and international law : divergence on questions of 'territory' ? / Paul Ja...
An up to date selection of relevant legislation in Public Law in Ireland - an accessible reference guide, of use to students and practitioners of law alike. The legislation is unannotated and thus may be brought by student users of the work into examinations. Important Bills, including Private Members Bills, are included to underscore the dynamism of the topic, as well as select statutory instruments are included in light of their application to a vast array of public and private law proceedings alike. While the classification of public and private law is one beset with tremendous difficulties particularly in the realm of consumer law, legislation that has an appropriate public law dimensions is included. Please note Bloomsbury Professional acquired this title from First Law in July 2010.
Introduction : the framework of data institutionalisation -- EU as a global digital actor -- The EU as a digital trade actor -- The EU as a cyber actor : the evolving architecture of EU Cyber Law : beyond weak institutionalisation -- On the transatlantic divide : beyond weak institutionalisation -- East Asian convergence : EU-Japan relations and data -- East Asian reverse convergence with the EU? : closing down the gap in emerging EU-China relations -- Conclusions.