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Author: Christine Ingebritsen
Publisher: Cornell University Press
ISBN: 1501725777
Category : Political Science
Languages : en
Pages : 235
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Book Description
The idea of European unity, which the Nordic states have historically resisted, has recently become the foremost concern of Sweden, Denmark, Norway, Iceland, and Finland. Christine Ingebritsen provides a timely analysis of Nordic economic and security policies in the wake of the vast transformation of regional politics between 1985 and 1995. The Nordic States and European Unity addresses two central questions: Why did all five Nordic states trade autonomy for integration after 1985? And why do some follow the British pattern, resisting supranationalism, while others prefer the German strategy of embedding their policies in a common European project?Through extensive interviews with representatives of trade unions, government ministries, parliamentary committees, social movements, and military and industrial organizations, Ingebritsen charts adjustments to the idea of a regional system of governance. She highlights crucial differences among these nations as they seek to protect their borders against new security threats. In particular, Ingebritsen shows how the political influence of leading sectors affects each state's capacity to pursue an integrationist policy. Economic sectors are not uniformly affected by European policy coordination, and the experience of the Nordic states demonstrates this difference. Her work shifts the focus of political economics away from enduring, domestic institutions toward an understanding of institutions as sectoral and transnational.
Author: Christine Ingebritsen
Publisher: Cornell University Press
ISBN: 1501725777
Category : Political Science
Languages : en
Pages : 235
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Book Description
The idea of European unity, which the Nordic states have historically resisted, has recently become the foremost concern of Sweden, Denmark, Norway, Iceland, and Finland. Christine Ingebritsen provides a timely analysis of Nordic economic and security policies in the wake of the vast transformation of regional politics between 1985 and 1995. The Nordic States and European Unity addresses two central questions: Why did all five Nordic states trade autonomy for integration after 1985? And why do some follow the British pattern, resisting supranationalism, while others prefer the German strategy of embedding their policies in a common European project?Through extensive interviews with representatives of trade unions, government ministries, parliamentary committees, social movements, and military and industrial organizations, Ingebritsen charts adjustments to the idea of a regional system of governance. She highlights crucial differences among these nations as they seek to protect their borders against new security threats. In particular, Ingebritsen shows how the political influence of leading sectors affects each state's capacity to pursue an integrationist policy. Economic sectors are not uniformly affected by European policy coordination, and the experience of the Nordic states demonstrates this difference. Her work shifts the focus of political economics away from enduring, domestic institutions toward an understanding of institutions as sectoral and transnational.
Author: Nicholas Aylott
Publisher: Routledge
ISBN: 0429795130
Category : Science
Languages : en
Pages : 332
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Book Description
First published in 1999, this volume why Europe’s arguably most successful political party, the Swedish Social Democratic Party, become so divided over European integration. Why were its grass-roots so reluctant to embrace EU membership and why did a Social Democratic government decide to stand aside from the launch of the single European currency? What connection is there between Europe and the Swedish model of political economy? While much has been written in English on Swedish Social Democracy, little of this literature has dealt with its difficulties during the 1990s and especially with its acute problems over Europe. This book fills that gap. Using original, primary data, Nicholas Aylott addresses the topic from macro and micro-political perspectives, taking account of historical, cultural, geopolitical and economic constraints, but also the interests and calculations of key individuals at critical junctures. It places the experience of Swedish Social Democracy into a broad comparative framework, drawing especially from the experiences of its Scandinavian sister parties. Up-to-date analysis of the party’s debate on EMU is included.
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
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Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author: Martijn W. Hesselink
Publisher: Oxford University Press
ISBN: 0192655736
Category : Law
Languages : en
Pages : 513
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Book Description
This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
Author: James Gordley
Publisher: Cambridge University Press
ISBN: 1139428632
Category : Law
Languages : en
Pages : 514
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Book Description
Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
Author: Olufemi Babarinde
Publisher: BRILL
ISBN: 9047406788
Category : Law
Languages : en
Pages : 318
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Book Description
Authors from different backgrounds (including law, political science and economics) analyze the forces that gave rise to the new agreement as well as the negotiating process of the new agreement, and the negotiations that are taking place to produce the planned Economic Partnership Agreements (EPA) that are to replace the existing non-reciprocal trade preferences that are incompatible with WTO law.
Author: Christine Ingebritsen
Publisher:
ISBN:
Category : Europe
Languages : en
Pages : 46
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Book Description
Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508008
Category : Law
Languages : en
Pages : 2379
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Book Description
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Author: Hector MacQueen
Publisher: Edinburgh University Press
ISBN: 1474470580
Category : Contracts
Languages : en
Pages : 400
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Book Description
This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.
Author: Hugh Collins
Publisher: Kluwer Law International B.V.
ISBN: 9041127844
Category : Law
Languages : en
Pages : 310
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Book Description
Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
