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Author: Elaine Fahey
Publisher:
ISBN: 9781316004678
Category : Law
Languages : en
Pages : 352
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Book Description
This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Author: Elaine Fahey
Publisher:
ISBN: 9781316004678
Category : Law
Languages : en
Pages : 352
Get Book
Book Description
This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Author: Elaine Fahey
Publisher:
ISBN: 9781322066837
Category :
Languages : en
Pages :
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Book Description
This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Author: Elaine Fahey
Publisher: Cambridge University Press
ISBN: 1107060516
Category : Law
Languages : en
Pages : 351
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Book Description
This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Author: Helle Porsdam
Publisher: Edward Elgar Publishing
ISBN: 1849802300
Category : Political Science
Languages : en
Pages : 241
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Book Description
Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.
Author: Rob van Gestel
Publisher: Cambridge University Press
ISBN: 1316760502
Category : Law
Languages : en
Pages : 867
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Book Description
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Author: Mistale Taylor
Publisher: Cambridge University Press
ISBN: 1108805981
Category : Law
Languages : en
Pages : 309
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Book Description
This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
Author: Elaine Fahey
Publisher: Springer
ISBN: 3319502212
Category : Law
Languages : en
Pages : 266
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Book Description
This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.
Author: Mary Sarah Bilder
Publisher: Harvard University Press
ISBN: 0674020944
Category : History
Languages : en
Pages : 308
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Book Description
Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Author: Luke R. A. Butler
Publisher: Cambridge University Press
ISBN: 1108138640
Category : Law
Languages : en
Pages : 563
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Book Description
This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades there has been repeated emphasis on the extent to which barriers to trade in Europe and the US prevent a more competitive defence market. Transatlantic Defence Procurement offers the first analysis of the potential impact of defence procurement regulation itself as a barrier to trade between the US and the EU. Part I examines the external dimension of a new EU Defence Procurement Directive, focusing on its implications for third countries, in particular the US. Part II examines foreign access and treatment under US law. Part III maps a future research agenda that is essential for a more systematic understanding of legal barriers to transatlantic defence trade. The book provides context for future initiatives, ranging from reformed market access arrangements to a Defence Transatlantic Trade and Investment Partnership and beyond.
Author: David Vogel
Publisher: Edward Elgar Publishing
ISBN: 1849807558
Category : Law
Languages : en
Pages : 353
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Book Description
'In this increasingly globalised regulatory environment there is a need to better understand how the world's two most active trade-blocks are cooperating especially with regard to pending complicated regulations be it REACH or the proposed revision of US TSCA. In this most timely book, Vogel and Swinnen bring together an outstanding group of scholars to help explain the delicate and important intricacies of present policy debates, making the volume essential reading for policy researchers, regulators and consultants active in the area.' – Ragnar Lofstedt, King's College London, UK 'David Vogel and Johan Swinnen have assembled a first-rate book on regulatory cooperation between the US and EU. The case studies provide detailed and nuanced analyses of policy areas from water to climate change and biotechnology, and the concluding chapters offer well-judged and balanced assessments of the regulatory challenges for future transatlantic relations.' – Robert Falkner, London School of Economics and Political Science, UK 'Transatlantic Regulatory Cooperation represents a cutting-edge contribution to the study of economic regulation, and in particular the prospects for cooperation between the US and the EU as the world's dominant economic blocs. The authors, among the leading scholars in their fields, provide theoretically and empirically informed studies of transatlantic cooperation and conflict in areas such as the environment, climate change, food safety, and genetically modified foods, deriving provocative and compelling policy recommendations from each. The discussion of federalism, and the opportunities and constraints it presents for international cooperation, is superb.' – Mark A. Pollack, Temple University, US This well-documented book analyzes the possibilities and constraints of regulatory cooperation between the EU and the US (particularly California) with a specific focus on environmental protection, food safety and agriculture, biosafety and biodiversity. Transatlantic Regulatory Cooperation features eleven original essays by leading academics of regulation on both sides of the Atlantic. They explore topics such as the impact of federalism on regulatory policies both within the US and Europe, the transatlantic dynamics of water policy, climate change, pesticide and chemical regulation, and biotechnology. A primary focus of this timely study is on the shifting roles of California and the EU as regulatory leaders and ITS impact on future regulatory cooperation across the Atlantic. This informative book will appeal to graduate and postgraduate students, as well as academics and researchers in international relations, business, law and economics who are working on regulatory issues. The policy community which focuses on regulation and transatlantic regulatory relations will also find it an important resource.
