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The European Union and Human Rights
This title provides analysis of the EU's human rights commitments through legislation, case law, and policy documents. Key developments to the EU's engagement with human rights, both internally and externally, are examined and it covers the topics of non-discrimination and competition law, migration, trade policy, and development cooperation.
Essays in International Litigation for Lord Collins
The practice of international litigation has been transformed in recent decades. Central to the development of international litigation as a field has been the remarkable career of Lord Collins: scholar, practitioner, judge and arbitrator. In this collection in his honour, inspired by Collinss own late 20th Century classic Essays in International Litigation and the Conflict of Laws (OUP 1994), Jonathan Harris and Campbell McLachlan present the research of sixteen jurists of international renown. They offer a fresh appraisal of key developments across the field: from climate litigation to offshore trusts, the impact of Brexit and the new tools for international judicial cooperation. Organised into five parts, the book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law. As a whole, the book offers the opportunity to reflect on the deeper purposes of international litigation in the pursuit of comity.
Bilateral Relations in the Mediterranean
This timely book assesses national and supranational bilateral approaches to dealing with the rising tide of migration into the European Union via the Mediterranean Sea. International law and EU migration law specialists critically assess the legal tools adopted to engage with the ‘refugee crisis’. While the EU works to develop a unified approach to Mediterranean transit and origin countries, the authors argue that a crucial role should be accorded to individual states in finding a solution to this complex and sensitive situation.
Theories of Choice
This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.
The Ghostwriters
Based on author's thesis (doctoral - Princeton University, 2019).
The EU in International Negotiations
This book, which is aimed at scholars, practitioners, advanced under-graduate and post-graduate students, seeks to contribute to the understanding of the EU as an international negotiator by analysing a number of external policy areas where the EU to a great extent engages internationally through negotiations, including development, trade, enlargement, and withdrawal.
EU Law in Populist Times
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Law, Populism, and the Political in Central and Eastern Europe
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
Constitutional Review in Central and Eastern Europe
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional...
EU Values Before the Court of Justice
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the j...
