How does the EU resolve controversy when making laws that affect citizens? How has the EU been affected by the recent enlargements that brought its membership to a diverse group of twenty-seven ...countries? This book answers these questions with analyses of the EU's legislative system that include the roles played by the European Commission, European Parliament and member states' national governments in the Council of Ministers. Robert Thomson examines more than 300 controversial issues in the EU from the past decade and describes many cases of controversial decision-making as well as rigorous comparative analyses. The analyses test competing expectations regarding key aspects of the political system, including the policy demands made by different institutions and member states, the distributions of power among the institutions and member states, and the contents of decision outcomes. These analyses are also highly relevant to the EU's democratic deficit and various reform proposals.
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and ...nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate ...surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection.
Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences.
International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.
European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, ...however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level.This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the ';living together' of legal sources.Two ranges of topics are addressed in the book:- firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and- secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).
"Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide ‘rights revolution’. One of the most remarkable characteristics of the ...European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. This book explores the domestic execution of the European Court of Human Rights’ judgments and dissects the variable patterns of implementation within and across states. It also relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, this volume seeks to go beyond the existing, mainly legal and descriptive studies and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics."
Over the last decades, private international law has become the target of intense codification efforts. Inspired by the stimulating initiatives taken by some European countries, by the Brussels ...Convention and the Rome Convention, numerous countries in other regions of the world started to enact comprehensive legislation in the field. Among them are Taiwan and mainland China. Both adopted statutes on private international law in 2010. In light of the rising significance of the mutual economic and societal relations between the jurisdictions involved and of the legal innovations laid down in the new instruments, the Max Planck Institute for Comparative and International Private Law convened scholars to present the conflict rules adopted in Europe, in mainland China and in Taiwan across a whole range of private law subjects. This book collects the papers of the conference and presents them to the public, together with English translations of the acts of Taiwan and mainland China.
Die Märkte für außerbörslich (OTC) gehandelte Finanzderivate haben durch die Steigerung von Nahrungsmittelpreisen, die Beeinflussung der fiskalischen Situation von Staaten und den Aufbau systemischer ...Risiken erhebliche negative Auswirkungen. Die Demokratisierung dieser Märkte ist deshalb eine der wichtigsten Aufgaben des globalen Rechts. Die International Swaps and Derivatives Association (ISDA) prägt als private Institution die rechtliche Infrastruktur dieser Märkte. Johan Horst untersucht die Rechtspraxis der ISDA und zeigt auf, dass das ISDA-Regime eigene Formen legislativer Tätigkeit, der Rechtsdurchsetzung und der Adjudikation ausgebildet hat. Aufgrund der massiven Auswirkungen der Tätigkeit der ISDA bedarf es einer normativen Rückbindung durch die Begründung transnationaler Responsivitätspflichten, die dogmatisch in der Horizontalwirkung der Menschenrechte, Drittwirkungsverboten transnationaler Vertragsnetzwerke sowie einer dezentralen Politisierung transnationalen Rechts verankert werden können.
Abstract
IPCom v Lenovo, Tribunal de Grande Instance de Paris, Case No RG 19/59311, 8 November 2019
The Tribunal de Grande Instance de Paris has granted an anti-anti-suit injunction in favour of ...SEP-holder IPCom against Lenovo, requiring the latter to withdraw an anti-suit injunction action filed before the US District Court for the Northern District of California.
This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to ...integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements (‘Hague Convention’) and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions. Volume 19 in the series Studies in Private International Law
