The Oxford Handbook of the European Union


Book Description

The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.




The Code Napoléon Rewritten


Book Description

The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.







Leaderless Europe


Book Description

From its antecedents in the 1950s, successive forms of European integration were intended to be leaderless. They have succeeded only too well in demonstrating that much can be achieved without sustained leadership. The attachment to national sovereignty of most of the European elites and mass populations has meant that confederalism has been implicitly accepted for the foreseeable future. This book attempts to clarify three clusters of issues. First, as European integration has advanced, who has provided the impetus? Particular insiders have episodically exerted decisive innovative influence, despite the need to conciliate the jealous champions of national sovereignty. Three case studies are offered: economic and monetary policy, environmental policy and technology policy. The second part examines why the European Union is currently leaderless. The weakened Commission and the increasingly assertive European Council and Council of Ministers have contended for control of agenda-setting but it is in the sphere of foreign and security policy that the EU's logic of leaderlessness has been most conspicuous. Finally, reduced capacity of the Franco-German tandem to offer acceptable leadership and British incapacity to join or replace them in providing overall leadership is also discussed.




The Constitutional Foundations of European Contract Law


Book Description

Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.




Contract


Book Description

This casebook on contract comprises a wide selection of cases and materials that illustrate the substantive law and places it in its legal and commercial context. It demonstrates how the rules work both inside and outside the courtroom.




Should the Maastricht Treaty be Saved?


Book Description

En este documento se retoma, tras los referendos danes y frances y la crisis de los mercados de cambios de septiembre de 1992, el debate sobre la union monetaria y el tratado de Maastricht. Analiza los beneficios de la union monetaria y la posibilidad de conseguirlos con medios menos radicales, como el mantenimiento firme de tipos de cambio fijos; los costes, mediante el examen de los mecanismos de ajuste alternativos al tipo de cambio (precios y salarios, migraciones, flujos de capital y transferencias fiscales interregionales); el papel del federalismo fiscal frente a las restricciones propuestas en Maastricht; el diseño del Banco Central Europeo (BCE), su independencia de las presiones politicas y responsabilidad en la supervision prudencial; la transicion a la moneda unica y al BCE, y la conveniencia de los criterios de convergencia adoptados. Finaliza con el estudio de las implicaciones de la UEM en el resto del mundo: demanda de dinero y coordinacion de la politica internacional. Contiene bibliografia. (pgp).




A Comparative Analysis of Policing Consumer Contracts in China and the EU


Book Description

This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.




Contract Interpretation in Investment Treaty Arbitration


Book Description

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.