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The European Union
This book explains to a general audience what the European Union is about and how it has grown since 1952 into a polity of 25 States and a population of more than 450 million people. It explains the constitution-making process that is currently taking place in the European Union, and the significance of the draft constitution which has been submitted for ratification by the 25 member states. The book is written from a legal perspective, but contains many references to political science and recent American and European history. It aims to show how the distinctive features of a democratic polity that characterize the Member States can be gradually transplanted to the European Union. To make th...
Principles of Proper Conduct for Supranational, State and Private Actors in the European Union
This book contains the proceedings of an international colloquium in honour of Professor Walter van Gerven which was held in Leuven on 15-16 September 2000 and organized by the Universities of Leuven and Maastricht in the framework of the lus Commune Research School. Walter van Gerven has been a professor of Law in Leuven for four decades and in Maastricht between 1994 and 2000; he has been Advocate General at the Court of Justice of the European Communities (1988-1994) and was Member of the Committee of Independent Experts which screened the European Commission in 1999. The book is built around three themes: good governance in the European Union, judicial review of administrative action and liability of supranational, State and private actors. A great number of very distinguished scholars have contributed to this book: Lord Slynn of Hadley, Deirdre Curtin, Christiaan W.A. Timmermans, Gil Carlos Rodriguez Iglesias, Sacha Prechal, Jürgen Schwarze, Takis Tridimas, Bruno de Witte, Jeremy Lever, Pierre Larouche, Francis G. Jacobs, Luc Gyselen, Paul J.G. Kapteyn, Arthur Hartkamp and Pieter VerLoren van Themaat.
Indirect Discrimination
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 Division of Wrongs
rectify. Readership: Academics in the areas of comparative law, tort law, legal history, and Roman law.
The Principle of Proportionality in the Laws of Europe
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
Methods of Comparative Law
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal de...
Soft Law in European Community Law
This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
A Union of Peoples
This book delves into the legal theory of the European Union, offering an internationalist theory of European Union law as part of the law of nations, where its central principles are not the principles of a single constitution, but the cosmopolitan principles of accountability, liberty, and fairness.
Comparative Tort Law
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
