This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues. Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this.
International law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse. The author, together with invited contributors, builds an argument around theories of epistemological justification. As chapters contend, in international legal discourse, the construction of knowledge about international law presupposes some notion of an international legal system. International legal discourse accommodates several such notions.
This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law's purpose. Contributions by leading authors in the field critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law from a human security perspective.
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda considers the future direction of research in tax law, channeling creative thinking from leading tax scholars around the world who explore potential routes for further development in both traditional and more unconventional areas of tax law. Showcasing visionary and provocative thoughts from leading international tax scholars, each chapter follows a clear methodological structure, setting each specific topic in context before identifying research gaps indicating potential avenues for future research.
This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine. In doing so, Geoffrey Samuel looks at the history of legal thought, method and reasoning from the position of three questions that will help readers to reflect on the nature of legal knowledge. First, what has legal knowledge been in the past? Secondly, taking a cue from the work of Thomas Kuhn, have there been scientific revolutions in the history of law? Thirdly, do jurists today know more about law as a body of knowledge than jurists of the past? In other words, does the history of law reveal a body of cumulative knowledge?
This timely book investigates the EU's multi-faceted development as a global actor, unpacking its legal mission to be a 'good' actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of 'goodness' in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject. Featuring contributions from more than 20 leading EU scholars and emerging voices, the book develops four themes through which it advances a research agenda for the study of the EU as a good global actor. Understanding the EU as a Good Global Actor will be a crucial read for scholars and students in EU law and politics, particularly those with an interest in EU governance, trade and external relations.
This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject. Throughout the book, Eugenio Vaccari and Emilie Ghio demonstrate how to successfully navigate the uncharted waters of the significantly revised English corporate insolvency rules and procedures. Chapters answer foundational questions in insolvency law, such as: How are companies liquidated in England? How and why are they rescued and restructured? What happens when a company is liquidated or restructured, but has assets and creditors in England and abroad?
This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions. The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction.
In this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system's practical experience within its normative context. Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system.
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of the law and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice. Beginning with an introduction from the editors proposing a new account of the meaning of objectivity, the book is then divided into three broad themes illuminated by this account.
Delving deep into the emerging international and federal statutory and legislative developments surrounding Autonomous Vehicle (AV) technologies, Atilla Kasap assesses whether current motor vehicle regulations, liability law and the liability insurance system are fit for purpose today and in the future. Making a significant and novel contribution to the field, this cutting-edge book comprehensively surveys the promises offered by AVs, including radically reduced road incidents, and economic, environmental and societal benefits, alongside the significant regulatory and liability problems the technology faces.
Written by an experienced European Patent Attorney and scholar, this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the court's evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework.