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Regulatory Integration Across Borders

Author : Rebecca Schmidt

Publisher : Cambridge University Press

Page : 259 pages

File Size : 42,29 MB

Release : 2018-12-06

Category : Law

ISBN : 1108635032

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Book Description

This book deals with a key feature of globalization: the rise of regulation beyond the state. It examines the emergence of transnational regulatory cooperation between public and private actors and pursues an inquiry that is at once legal, empirical and theoretical. It asks why a private actor and an international organization would regulate cooperatively and what this tells us about the material meaning of concepts such as 'expertise', 'authority' and 'legitimacy' in specific domains of global governance. Additionally, the book addresses the structures and patterns in which cooperation evolves and how this affects the broader global order. It does so through an investigation of two public-private cooperative agreements: one between the International Standards Organization, the Organisation for Economic Co-operation and Development, the Global Compact and the International Labor Organization and one between the International Olympic Committee and the United Nations Environment Programme.



National Regulation and Trade Liberalization in Services

Author : Markus Krajewski

Publisher : Kluwer Law International B.V.

Page : 270 pages

File Size : 27,78 MB

Release : 2003-01-01

Category : Law

ISBN : 9041121412

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Book Description

Like tariffs and other border measures, national regulatory barriers impede international trade. Unlike tariffs, however, such barriers usually indicate an important domestic policy choice. This 'conflict of interest' has emerged as a crucial issue in international law, particularly with regard to services, such as telecommunications and health services. This study is the first to analyze the potential impact of incompatibilities between national regulatory regimes and the rules and obligations imposed by the General Agreement on Trade in Services (GATS). In the process of arriving at his challenging concluding theses, the author investigates such relevant concepts as the following: the political and ideological dynamics of GATS negotiations services trade liberalization in regional integration systems, particularly in EC law policies common to diverse national regulatory systems the notions of 'deregulation' and 'privatization' the human rights implications of international trade law the GATS obligations of market access, national treatment, and most-favoured-nation treatment the role of the WTO's dispute settlement organs GATS transparency obligations Professor Krajewski's study is of enormous significance to specialists in regulatory policies and instruments at all national and sectoral levels, especially in the context of ongoing GATS negotiations. As the author warns: Unless GATS negotiators and national regulators have a thorough understanding of the relationship between GATS obligations and regulatory policies and instruments, they cannot effectively use the flexible elements of GATS and could reach an agreement which they may later regret.



The Rebirth of Territory

Author : Gail Lythgoe

Publisher :

Page : 312 pages

File Size : 21,54 MB

Release : 2024-03-06

Category : Law

ISBN : 1009377922

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Book Description

The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power. Territories are constituted by the practices of a more diverse array of actors than is acknowledged. As a result, functions are re-assembling in territories constituted by state and non-state actors alike.



European Cross-border Insolvency Regulation

Author : Jona Israël

Publisher : Intersentia nv

Page : 404 pages

File Size : 47,41 MB

Release : 2005

Category : Bankruptcy

ISBN : 9050954987

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Book Description

This book presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The 'struggle over jurisdiction' - the natural state of affairs under the old principles of 'universality & territoriality' - is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this book argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This book argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation. Jona Israel obtained his LL.M. at the University of East Anglia, Norwich in 1994 and graduated at the University of Maastricht in 1995. From 1995 to 1998 he was researcher at the European University Institute in Florence, Italy. Since 1998 he has been lecturer at the University of Maastricht, teaching private international law, insolvency law and commercial law.



Beyond Borders: The New Regionalism in Latin America

Author : Inter-American Development Bank

Publisher : IDB

Page : 306 pages

File Size : 14,95 MB

Release : 2002-10-10

Category : Business & Economics

ISBN : 9781931003230

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Book Description

Although regional integration initiatives have a long history in the world economy, these efforts have expanded significantly since the 1990s. In Latin America and the Caribbean, a wave of regional integration initiatives has included free trade areas, customs unions, and steps towards common markets. The emergence of this "new regionalism"of trade in which global and regional forces complement one another has been driven by such factors as the opening up of economies and structural reforms. This year's edition of Economic and Social Progress in Latin America explores the dimensions of integration, macroeconomic coordination, and the effects of regional integration on productivity, market access, foreign direct investment, infrastructure and income inequality. Topics include subregional integration schemes, the multilateral trade agenda launched in Doha, initiatives such as the Free Trade Area of the Americas, and interregional agreements with the European Union.



Cross-border Banking: Regulatory Challenges

Author : Gerard Caprio Jr

Publisher : World Scientific

Page : 491 pages

File Size : 14,72 MB

Release : 2006-09-15

Category : Business & Economics

ISBN : 981447780X

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Book Description

Cross-border banking, while having the potential for a more efficient financial sector, also creates potential challenges for bank supervisors and regulators. It requires cooperation by regulatory authorities across jurisdictions and a clear delineation of authority and responsibility. That delineation is typically not present and regulatory authorities often have significantly different incentives to respond when cross-border-active banks encounter difficulties. Most of these issues have only begun to be seriously evaluated.This volume, one of the first attempts to address these issues, brings together experts and regulators from different countries. The wide range of topics discussed include: the current landscape of cross-border bank activity, the resulting competitive implications, emerging challenges for prudential regulation, safety net concerns, failure resolution issues, and the potential future evolution of international banking.This book has been selected for coverage in:• Index to Social Sciences & Humanities Proceedings® (ISSHP® / ISI Proceedings)• Index to Social Sciences & Humanities Proceedings (ISSHP CDROM version/ISI Proceedings)



Controlling International Shipping and Aviation Emissions

Author : David A. Deese

Publisher : Taylor & Francis

Page : 173 pages

File Size : 13,92 MB

Release : 2023-07-20

Category : Science

ISBN : 100088872X

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Book Description

This book assesses the extent to which two specialized UN agencies – the International Maritime Organization (IMO) in London and the International Civil Aviation Organization (ICAO) in Montreal – have been able to regulate environmental pollution in the global commons. Since the Kyoto Protocol and its tasking of these two public International Organizations (IOs) in 1997 to regulate greenhouse gas emissions from the fast-growing international shipping and aviation sectors, they have struggled with the assignment even as the external pressure has mounted for them to act. David Deese examines why these two UN agencies have largely failed to execute their critical missions to date and explores the most promising emerging and feasible routes to control and reduce these emissions by other means. Drawing on a range of sources including interviews with key actors in the IMO and ICAO, as well as from industry and national governments, Deese looks at the multifaceted politics that drive these IOs and considers how this has delayed and frustrated the execution of their assigned climate mitigation missions. He also explains how the limitations of the IMO and ICAO are likely to be found to a degree in other UN specialized agencies and examines how lessons learned here will be helpful in understanding the operations of other IOs. The book will be of great interest to students and scholars of global governance and IOs, transport, and environment and climate change. It will also be a useful resource for industry and non-profit experts and public officials working in shipping and aviation regulation.



Abuse of EU Law and Regulation of the Internal Market

Author : Alexandre Saydé

Publisher : Bloomsbury Publishing

Page : 452 pages

File Size : 11,16 MB

Release : 2014-12-01

Category : Law

ISBN : 1782254048

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Book Description

How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.



Cambridge Yearbook of European Legal Studies, Vol 13, 2010-2011

Author : Catherine Barnard

Publisher : Bloomsbury Publishing

Page : 345 pages

File Size : 42,66 MB

Release : 2011-12-15

Category : Law

ISBN : 184731869X

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Book Description

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 13 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward Ius Commune Prize 2012 Alexandre Saydé wrote Chapter 15 in this volume entitled: 'One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law' and we are delighted to announce that he has been awarded the Ius Commune Prize 2012.



Energy Tax and Regulatory Policy in Europe

Author : Ian Parry

Publisher : MIT Press

Page : 407 pages

File Size : 36,11 MB

Release : 2017-08-11

Category : Business & Economics

ISBN : 0262036398

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Book Description

Concise introductions to the main issues in energy policy and their interaction with environmental policies in the EU. The European Union (EU) faces critical challenges in energy policy making, the most pressing of which are how to achieve the deep greenhouse gas reductions promised at the December 2015 UN Conference of the Parties in Paris, and how this effort can be coordinated with already existing policies. Energy policy is primarily a member state responsibility, and policy makers need an overarching view of the main issues in energy policy and their interaction with environmental policies. This volume aims to fill this need, offering concise introductions to some of the major issues as well as practical suggestions for policy making. The contributors discuss reforms to the EU Emissions Trading System (ETS), the world's largest carbon market; ways to improve the operation and integration of the EU's power grids, in terms of both supply and demand; changes to the EU's Energy Tax Directive, which sets tax floors for fuels outside the ETS; the coordination of climate policies with policies to promote renewables and energy efficiency; research into clean technology; challenges to shale gas development; and transportation policy and the need for action on such externalities as traffic congestion. Finally, contributors consider obstacles to reform, including its potential effects on vulnerable households and energy-intensive industries. Contributors Mikael Skou Andersen, Niels Anger, Bruno De Borger, Antoine Dechezleprêtre, Jos Delbeke, Ottmar Edenhofer, Christian Flachsland, Beatriz Gaitan, Polona Gregorin, Cameron Hepburn, Alan Krupnick, Andreas Löschel, Claudio Marcantonini, Felix Christian Matthes, Paul Nahmmacher, Ian Parry, Karen Pittel, David Popp, Stef Proost, Christina Roolfs, Bert Saveyn, Oliver Schenker, Stephen Smith, Alexander Teytelboym, Kurt Van Dender, Herman Vollebergh, Nils-Henrik M. von der Fehr, Zhongmin Wang, Georg Zachmann