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| Author | : Michael Zürn |
| Publisher | : Cambridge University Press |
| Total Pages | : 320 |
| Release | : 2005-02-03 |
| Genre | : Political Science |
| ISBN | : 9781139442824 |
Download Law and Governance in Postnational Europe Book in PDF, ePub and Kindle
This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.
| Author | : Michael Zürn |
| Publisher | : |
| Total Pages | : 313 |
| Release | : 2005 |
| Genre | : |
| ISBN | : 9781280415852 |
Download Law and Governance in Postnational Europe Book in PDF, ePub and Kindle
This book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU ha.
| Author | : Erik Oddvar Eriksen |
| Publisher | : Routledge |
| Total Pages | : 423 |
| Release | : 2008-07-04 |
| Genre | : Political Science |
| ISBN | : 1134042809 |
Download Law, Democracy and Solidarity in a Post-national Union Book in PDF, ePub and Kindle
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the ‘constitutional crisis’: The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
| Author | : Luca Siliquini Cinelli |
| Publisher | : Vandeplas Pub. |
| Total Pages | : 386 |
| Release | : 2014-06 |
| Genre | : Law |
| ISBN | : 9781600422201 |
Download Europe and Its (Tragic) Statelessness Fantasy Book in PDF, ePub and Kindle
This book provides the first comparative and multi-disciplinary investigation into what Siliquini Cinelli calls 'Europe's tragic statelessness fantasy' - a fantasy which is characterized by the progress in the promotion of what the author describes as the 'Europeanization of Europe' as the process to create a supra-national entity in which classic forms of law and politics (and thus the Member States) will have an increasingly weaker role. In arguing that the post-modern phase of the 'Europeanization of Europe' is the continental paradigm of the doctrine aimed at achieving the formal 'depoliticization' and 'dejuridification' of the world, Siliquini Cinelli explains why its statelessness fantasy is profoundly linked to the global '(a-)spatial turn' that legal and sociopolitical theories are undergoing. In doing so, he claims that the final goal of this process is to transform the 'Europe of trading' into the 'Europe of rights' while passing through the single market and a monetary economic union (the EU) with common fiscal policies supported by a banking union. Later, Siliquini Cinelli's comparative and inter-disciplinary approach calls for a thorough reconsideration of this project through an inquiry into (1) the lure of European private law as a particular type of 'stateless law'; (2) the several pluralist channels of soft-networked post-national governance that have been promoted in the continent in recent years; and (3) the challenges related to an effective protection of the political order within the EU's boundaries. Dr. Luca Siliquini Cinelli is a lecturer at the School of Law, Deakin University, Australia. He received his Ph.D. in Law and Institutions - EU, Comparative and Private Law and LL.B. (magna cum laude) from the University of Turin School of Law, Italy.
| Author | : Poul F Kjaer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 212 |
| Release | : 2010-02-05 |
| Genre | : Law |
| ISBN | : 1847315690 |
Download Between Governing and Governance Book in PDF, ePub and Kindle
This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation process: comitology, (regulatory) agencies and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalisation rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalisation in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterised by legal and organisational hierarchy, and a governance dimension which operates within a network form characterised by legal and organisational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science and sociology.
| Author | : Fabrizio Cafaggi |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 369 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1848441274 |
Download Making European Private Law Book in PDF, ePub and Kindle
This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.
| Author | : Nico Krisch |
| Publisher | : OUP Oxford |
| Total Pages | : 384 |
| Release | : 2012-09-06 |
| Genre | : Law |
| ISBN | : 0191637262 |
Download Beyond Constitutionalism Book in PDF, ePub and Kindle
Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normative vision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society. This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterised by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict rules whose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns about stability, power and the rule of law. This book analyses the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. The empirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralist settings.
| Author | : Jiří Přibáň |
| Publisher | : Routledge |
| Total Pages | : 284 |
| Release | : 2016-03-09 |
| Genre | : Law |
| ISBN | : 1317052080 |
Download Sovereignty in Post-Sovereign Society Book in PDF, ePub and Kindle
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
| Author | : Elaine Fahey |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 168 |
| Release | : 2018-08-31 |
| Genre | : Law |
| ISBN | : 1788970519 |
Download Introduction to Law and Global Governance Book in PDF, ePub and Kindle
This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance.
| Author | : Michael Zurn |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2012-06-18 |
| Genre | : Law |
| ISBN | : 1107024714 |
Download Rule of Law Dynamics Book in PDF, ePub and Kindle
This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
