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The political geography of Europe and consequentially, the issues confronting the European Union have changed radically since 1989. Understanding the complex nature of international frontiers in Europe is essential in contemporary politics.
This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.
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Based on author's thesis (doctoral - Princeton University, 2019).
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
This book explores how Member States can introduce secondary EU law via the enhanced cooperation mechanism, which is only binding among these Member States. The book also develops a approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation.
This is a comprehensive look at the challenges legislators face in regulating related party transactions in a socially beneficial way.
Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.
This work examines the extent to which German foreign policy and European policy has changed since German unification. Despite significant changes on specific issues, most notably on the deployment of military force outside of the NATO area, there is greater continuity than change in post-unification German policy.
This volume represents a historical comparison of the American and the EU European constitutional experiences and lessons to be derived therefrom for the present time. It is designed to deepen the understanding of the historical and political dimensions of constitutional designs and practises on two continents. Hopefully, such historical depth charts will expand the horizon of debates among experts and decision-makers. The first part concentrates on the historical dimension. It deals with the experiences and perceptions of basic American political principles, developments of international and humanitarian law, and the historical dimension of constitutional debates. The second part of the boo...