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National Legal Systems and Globalization
This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
Economic Analysis of the DCFR
The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.
Competition Law and Regulation in European Telecommunications
Using numerous practical examples,this book examines the evolution of EC telecommunications law following the achievement of liberalisation, the main policy goal of the 1990s. After reviewing the development of regulation in the run-up to liberalisation, the author identifies the methods used to direct the liberalisation process and tests their validity in the post-liberalisation context. A critical analysis is made of the claim that competition law will offer sufficient means to regulate the sector in the future. Particular emphasis is given to the way in which EC Competition Law changed in the 1990s using the essential facilities doctrine, an expansive non-discrimination principle and the policing of cross-subsidisation to tackle what were then thought of as regulatory matters. Also examined within the work is the procedural and institutional interplay between competition law and telecommunications regulation. In conclusion, Larouche explores the limits of competition law and puts forward a long-term case for sector-specific regulation, with a precise mandate to ensure that the telecommunications sector as a whole fulfils its role as a foundation for economic and social activity.
The Constitutionalization of European Budgetary Constraints
The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Eco...
The Cell
While hockey great Barry Beck had been in fights before, nothing had prepared him for a one-two punch this vicious. On July 26, 2020, Beck's son Brock was murdered. Just over seven months later, Beck's former New York Rangers teammate, U.S. Olympic hero Mark Pavelich, died by suicide. “With Brock's murder, I was thrust into this prison cell of trauma. You can't get out. You don't have the skills. You're trapped like a prisoner.” With no clear pathway out, and too little support in place, Beck faced a momentous choice: would he be defeated or defiant? Would he surrender to his anger and pain or fight to find a better way through? Giving up would have been easy, but once you’re a captain...
Tales from the Pittsburgh Penguins
Readers have the chance to meet the Pittsburgh Penguins, one of the wildest, wackiest, most wonderful sports franchises that ever waddled its way across North America. If Penguins fans are not shedding tears of sadness, they are crying for joy or simply laughing so hard they cannot stop. The team's games once played on a station called WEEP, and its first mascot, a penguin named Pete, died of pneumonia. In Tales from the Pittsburgh Penguins, sportswriter Joe Starkey takes fans inside the locker rooms, onto the team buses (including the one defenseman Bryan "Buggsy" Watson hi-jacked) and behind the personalities that have shaped Penguins hockey since 1967. No franchise has survived more near-...
The WTO and Global Convergence in Telecommunications and Audio-Visual Services
Provides a consolidated legal analysis of the convergence phenomenon between telecommunications services and audiovisual services in the international trade arena.
