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Extraterritoriality of EU Economic Law

Extraterritoriality of EU Economic Law
Author: Nuno Cunha Rodrigues
Publisher: Springer Nature
Total Pages: 379
Release: 2021-10-28
Genre: Law
ISBN: 3030822915

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This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.


Eu Law Beyond Eu Borders

Eu Law Beyond Eu Borders
Author: Marise Cremona
Publisher:
Total Pages: 263
Release: 2019-05-03
Genre:
ISBN: 0198842171

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This book analyses the impact of EU law beyond its borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The 'global reach' of EU law is examined in policy areas of the environment, the internet and data protection, banking and financial markets, competition policy and migration.


EU External Action in International Economic Law

EU External Action in International Economic Law
Author: Mads Andenas
Publisher: Springer Nature
Total Pages: 340
Release: 2020-09-25
Genre: Law
ISBN: 9462653917

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The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor. The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law. Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.


EU Economic Law in a Time of Crisis

EU Economic Law in a Time of Crisis
Author: Harri Kalimo
Publisher: Edward Elgar Publishing
Total Pages: 227
Release: 2016-02-26
Genre: Business & Economics
ISBN: 1785365827

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How has the EU’s economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective. The expert authors explore areas such as the EMU and the internal market, and emphasize the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission focused quite narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockages. This book is targeted at scholars, policy-makers and other practitioners, as well as students, interested in EU economic law, integration, and the economic crisis.


Research Handbook on Unilateral and Extraterritorial Sanctions

Research Handbook on Unilateral and Extraterritorial Sanctions
Author: Beaucillon, Charlotte
Publisher: Edward Elgar Publishing
Total Pages: 512
Release: 2021-08-27
Genre: Law
ISBN: 1839107855

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Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.


Extraterritorialities in Occupied Worlds

Extraterritorialities in Occupied Worlds
Author: Exterritory Project
Publisher: punctum books
Total Pages: 484
Release: 2016
Genre: Literary Criticism
ISBN: 0692629432

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"The concept of extraterritoriality designates certain relationships between space, law, and representation. This collection of essays explores contemporary manifestations of extraterritoriality and the diverse ways in which the concept has been put to use in various disciplines. Some of the essays were written especially for this volume; others are brought here together for the first time. The inquiry into extraterritoriality found in these essays is not confined to the established boundaries of political, conceptual, and representational territories or fields of knowledge; rather, it is an invitation to navigate the margins of the legal-juridical and the political, but also the edges of forms of representation and poetics.Within its accepted legal and political contexts, the concept of extraterritoriality has traditionally been applied to people and to spaces. In the first case, extraterritorial arrangements could either exclude or exempt an individual or a group of people from the territorial jurisdiction in which they were physically located; in the second, such arrangements could exempt or exclude a space from the territorial jurisdiction by which it was surrounded. The special status accorded to people and spaces had political, economic, and juridical implications, ranging from immunity and various privileges to extreme disadvantages. In both cases, a person or a space physically included within a certain territory was removed from the usual system of laws and subjected to another. In other words, the extraterritorial person or space was held at what could be described as a legal distance. (In this respect, the concept of extraterritoriality presupposes the existence of several competing or overlapping legal systems.) It is this notion of being held at a legal distance around which the concept of extraterritoriality may be understood as revolving.


Global Justice, State Duties

Global Justice, State Duties
Author: Malcolm Langford
Publisher: Cambridge University Press
Total Pages: 497
Release: 2013
Genre: Law
ISBN: 1107012775

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Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.


The Frontiers of Human Rights

The Frontiers of Human Rights
Author: Nehal Bhuta
Publisher: Oxford University Press
Total Pages: 254
Release: 2016
Genre: Law
ISBN: 019876927X

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In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state.


Data Protection Beyond Borders

Data Protection Beyond Borders
Author: Federico Fabbrini
Publisher: Bloomsbury Publishing
Total Pages: 277
Release: 2021-04-08
Genre: Law
ISBN: 1509940669

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Introduction / Federico Fabbrini, Edoardo Celeste, and John Quinn -- EU Data Protection Law between extraterritoriality and sovereignty / Federico Fabbrini and Edoardo Celeste -- The challenges and opportunities for a US Federal Privacy Law / Jordan L Fischer -- Google v CNIL : circumscribing the extraterritorial effect of EU Data Protection Law / John Quinn -- Digital sovereignty and multilevel constitutionalism: whose standards for the right to be forgotten? / Dana Burchardt -- Data protection and freedom of expression beyond EU Borders : EU judicial perspectives / Oreste Pollicino -- Schrems I and Schrems II : assessing the case for the extraterritoriality of EU fundamental rights / Maria Tzanou -- Clouds on the horizon : cross-border surveillance under the US CLOUD Act / Stephen W Smith -- Voluntary disclosure of data to law enforcement : the curious case of US internet firms, their Irish subsidiaries and European legal standards / TJ Mcintyre -- European law enforcement and US data companies : a decade of cooperation free from law / Angela Aguinaldo and Paul De Hert -- Free-flow of data. is international trade law the appropriate answer? / Vincenzo Zeno-Zencovich -- The extraterritorial impact of data protection law through an EU law lens / Orla Lynskey -- Digital sovereignty in the EU : challenges and future perspectives / Edoardo Celeste.


Economic Sanctions in International Law and Practice

Economic Sanctions in International Law and Practice
Author: Masahiko Asada
Publisher: Routledge
Total Pages: 250
Release: 2019-11-07
Genre: Law
ISBN: 0429628013

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Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.