Laws of the Sea Braverman, Irus
2022, 2023, 20220803, Volume:
1
eBook
Open access
Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United ...Nations’ monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection’s twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law’s “terracentrism” and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law—and international law in particular—capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.
Soft law and its role in the enforcement of EU law: Apart from the Treaty infringement procedure there are more and more procedures, mostly laid down in secondary law, by which the EU – often using ...soft law – ensures Member States’ compliance with EU law. This development entails a considerable transforming power. It deserves not only a foundational, mainly competence-oriented analysis of EU soft law, but also a systemic and legal account of these procedures in which it is often EU agencies – instead of the Commission and the European Court of Justice, as provided for in the TFEU – which, largely beyond public attention, interpret EU law and, on this basis, try to enforce it vis-à-vis the Member States.
This book provides a practice-based analysis of European Union (EU) diplomacy and community-building.
Unlike studies focusing on how EU community-building proceeds centrally in Brussels, this book ...turns to EU diplomacy in its bordering state of Ukraine. At a time when the EU's internal cohesion is being put to the test, this book provides novel insights into how feelings of belonging are produced amongst its members in the absence of a homogenous 'we'. Transcending the traditional dichotomy between macro-structures and micro-processes of interaction, the book demonstrates that the EU's large-scale community depends for its existence on practical instantiations of community-building in distinct 'communities of practice'. Using the case of an EU diplomatic 'community of practice' in Kyiv, Ukraine takes these questions to the EU's margins, highlighting that the boundaries of community are key sites in which community materialises. The in-depth case study identifies diplomats' 'boundary work' as the constitutive rule that makes the local 'community of practice' cohere and create feelings of belonging to the large-scale polity of the EU.
This book will be of interest to researchers of European studies, as well as to those working on global cooperation and international relations more broadly.
Complying with Europe Falkner, Gerda; Treib, Oliver; Hartlapp, Miriam ...
05/2005
eBook
What does EU law truly mean for the member states? Do they abide or don't they? This book presents the first encompassing and in-depth empirical study of the effects of 'voluntaristic' and (partly) ...'soft' EU policies in all 15 member states. The authors examine 90 case studies across a range of EU Directives and shed light on burning contemporary issues in political science, integration theory, and social policy. They reveal that there are major implementation failures and that, to date, the European Commission has not been able adequately to perform its control function. While all countries are occasional non-compliers, some quite frequently privilege their domestic political concerns over performance of their EU-related duties. Others neglect these EU obligations as a matter of course. This study answers questions of crucial importance for politics in theory and in practice, and suggests how implementation of EU law can be fostered in the future.
This book explores how nationalism and multilateralism transform international society and global governance. It does so by comparing the governance model of the EU - a constitutionalised and ...increasingly polycentric form of multilateralism - with Northeast Asia. There nationalist administrations have resisted multilateral commitments and are locked into rivalries instead of pursuing a regional project.
Both Europe and Northeast Asia can be seen as success stories of the late 20th/early 21st centuries, but by having followed different approaches to international governance. The book traces these two trajectories through critical junctures in history to how both regions have dealt with the contemporary challenges of the financial crisis and climate change. During the financial crisis, Europe's multilateral economic and monetary architecture revealed profound weaknesses whilst national policies allowed much of Northeast Asia to escape the worst of it. On climate change the European Union (EU) has developed effort-sharing governance models to reduce emissions, while Northeast Asian countries are relying on greening national industrial policy. The book argues that global governance has to find the balance between multilateralism and nationalism in order to find collaborative approaches to global challenges.
This book provides a fresh take on the EU and on Northeast Asia and develops innovative concepts of international society and polycentric governance. Thus, it will be of considerable interest to researchers and students of global governance, international relations, EU and Asia Studies.
The European Union's market integration project has dramatically altered economic activity around Europe. This book presents extensive evidence on how trade has increased, jobs have been created, and ...European business has been reorganized. The changes in the economy have been accompanied by dramatic changes in how people from different societies interact. This book argues provocatively that these changes have produced a truly transnational-European-society. The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes-but not always-think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall. Available in OSO: http://www.oxfordscholarship.com/oso/public/content/politicalscience/9780199580859/toc.html
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of ...enlargement that has profoundly transformed the EU. Although there are many parallels between the European integration process and state building processes, the Union is nothing like a Westphalian super state. The new emerging polity resembles a kind of neo-medieval empire with a polycentric system of government, multiple and overlapping jurisdictions, striking cultural and economic heterogeneity, fuzzy borders, and divided sovereignty. The book tries to spell out the origin, the shape, and the implications of this empire. The aim of this book is to suggest a novel way of thinking about the European Union and the process of European integration. The book shows 'two Europes' coming together following the end of the cold war. It proposes a system of economic and democratic governance that meets the ever greater challenges of modernization, interdependence, and globalization. It identifies the most plausible scenario of promoting peaceful change in Europe and beyond. The author argues that mainstream thinking about European integration is based on mistaken statist assumptions and suggests more effective and legitimate ways of governing Europe than through adoption of a European Constitution, creation of a European army, or introduction of a European social model. The book covers many fields from politics, and economics to foreign affairs and security. It analyzes developments in both Eastern and Western Europe. It also gives ample room to both theoretical and empirical considerations. Available in OSO: http://www.oxfordscholarship.com/oso/public/content/politicalscience/9780199292219/toc.html
European Identity Checkel, Jeffrey T; Katzenstein, Peter J
02/2009
eBook
Why are hopes fading for a single European identity? Economic integration has advanced faster and further than predicted, yet the European sense of 'who we are' is fragmenting. Exploiting decades of ...permissive consensus, Europe's elites designed and completed the single market, the euro, the Schengen passport-free zone, and, most recently, crafted an extraordinarily successful policy of enlargement. At the same time, these attempts to de-politicize politics, to create Europe by stealth, have produced a political backlash. This ambitious survey of identity in Europe captures the experiences of the winners and losers, optimists and pessimists, movers and stayers in a Europe where spatial and cultural borders are becoming ever more permeable. A full understanding of Europe's ambivalence, refracted through its multiple identities, lies at the intersection of competing European political projects and social processes.
This article puts forward that the European Green Deal (EGD) is more than just another initiative for green growth. Instead, it adds a building block to the European economic model, alongside the ...single market and economic and monetary union. The pandemic crisis would therefore need to be addressed also through the EGD framework. We find that the Covid‐19 crisis provided a missing link between the EGD's long‐term objectives and conducive short‐term policies. We discuss to what extent economic governance changes reinforce the role of the EGD as a pillar of the European Union economic model, contributing also to creating strong (political, institutional and society) dynamics in favour of sustainability and promoting integration.
Das neue unionale Datenschutzrecht ist, entgegen mancher Befürchtung, kein law of everything. Vielmehr müssen unterschiedliche Rechtsmaterien ineinandergreifen, um eine sachgerechte Regelungsstruktur ...im Schnittbereich von Datenschutzrecht und Privatrecht aufzubauen. Philipp Hacker bestimmt das Verhältnis dieser Rechtsmaterien, insbesondere von DS-GVO und BGB. Denn die Verschränkung unterschiedlicher Technologieformen fordert mehr denn je ein rechtsbereichsübergreifendes Verständnis von juristischer Dogmatik und ein interdisziplinär fundiertes Konzept von Regulierung. Auf Basis des geltenden Rechts entwirft er ein integriertes Marktordnungsrecht für digitale Austauschverhältnisse. Die Untersuchung schließt mit Reformperspektiven, die aufzeigen, wie die informierte Einwilligung durch eine technologische ersetzt werden kann, um eine privatautonome Gestaltung von Rechtsverhältnissen unter den Bedingungen der digitalen Wirtschaft zu ermöglichen. Die Arbeit wurde mit dem Wissenschaftspreis der Deutschen Stiftung für Recht und Informatik 2020 ausgezeichnet.
