A Transatlantic Community of Law

A Transatlantic Community of Law
Author: Elaine Fahey
Publisher: Cambridge University Press
Total Pages: 351
Release: 2014-07-17
Genre: Law
ISBN: 1139993143

As a medium for communication between the EU and the USA, law has the ability to provide unique insights into the state of contemporary transatlantic relations. A Transatlantic Community of Law offers legal perspectives on the emerging institutional characteristics of transatlantic relations and contemporary rule-making in both trade and security. Making use of rule of law analysis which has hitherto not been conducted in transatlantic relations scholarship, it draws together EU law, governance and rule-making scholarship and offers new ways of thinking about the use of law and contemporary transatlantic institutions.

A Transatlantic Community of Law

A Transatlantic Community of Law
Author: Elaine Fahey
Publisher: Cambridge University Press
Total Pages: 351
Release: 2014-07-17
Genre: Law
ISBN: 1107060516

This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.

Legal Integration of Islam

Legal Integration of Islam
Author: Christian Joppke
Publisher: Harvard University Press
Total Pages: 198
Release: 2013-04-15
Genre: Social Science
ISBN: 0674074939

The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.

Transatlantic Regulatory Cooperation

Transatlantic Regulatory Cooperation
Author: David Vogel
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2011-01-01
Genre: Law
ISBN: 1849807558

'In this increasingly globalised regulatory environment there is a need to better understand how the world's two most active trade-blocks are cooperating especially with regard to pending complicated regulations be it REACH or the proposed revision of US TSCA. In this most timely book, Vogel and Swinnen bring together an outstanding group of scholars to help explain the delicate and important intricacies of present policy debates, making the volume essential reading for policy researchers, regulators and consultants active in the area.' – Ragnar Lofstedt, King's College London, UK 'David Vogel and Johan Swinnen have assembled a first-rate book on regulatory cooperation between the US and EU. The case studies provide detailed and nuanced analyses of policy areas from water to climate change and biotechnology, and the concluding chapters offer well-judged and balanced assessments of the regulatory challenges for future transatlantic relations.' – Robert Falkner, London School of Economics and Political Science, UK 'Transatlantic Regulatory Cooperation represents a cutting-edge contribution to the study of economic regulation, and in particular the prospects for cooperation between the US and the EU as the world's dominant economic blocs. The authors, among the leading scholars in their fields, provide theoretically and empirically informed studies of transatlantic cooperation and conflict in areas such as the environment, climate change, food safety, and genetically modified foods, deriving provocative and compelling policy recommendations from each. The discussion of federalism, and the opportunities and constraints it presents for international cooperation, is superb.' – Mark A. Pollack, Temple University, US This well-documented book analyzes the possibilities and constraints of regulatory cooperation between the EU and the US (particularly California) with a specific focus on environmental protection, food safety and agriculture, biosafety and biodiversity. Transatlantic Regulatory Cooperation features eleven original essays by leading academics of regulation on both sides of the Atlantic. They explore topics such as the impact of federalism on regulatory policies both within the US and Europe, the transatlantic dynamics of water policy, climate change, pesticide and chemical regulation, and biotechnology. A primary focus of this timely study is on the shifting roles of California and the EU as regulatory leaders and ITS impact on future regulatory cooperation across the Atlantic. This informative book will appeal to graduate and postgraduate students, as well as academics and researchers in international relations, business, law and economics who are working on regulatory issues. The policy community which focuses on regulation and transatlantic regulatory relations will also find it an important resource.

The Oxford Handbook of Comparative Regionalism

The Oxford Handbook of Comparative Regionalism
Author: Tanja A. Börzel
Publisher: Oxford University Press
Total Pages: 705
Release: 2016
Genre: Political Science
ISBN: 0199682305

The Oxford Handbook of Comparative Regionalism - the first of its kind - offers a systematic and wide-ranging survey of the scholarship on regionalism, regionalization, and regional governance. Unpacking the major debates, leading authors of the field synthesize the state of the art, provide a guide to the comparative study of regionalism, and identify future avenues of research. Twenty-seven chapters review the theoretical and empirical scholarship with regard to the emergence of regionalism, the institutional design of regional organizations and issue-specific governance, as well as the effects of regionalism and its relationship with processes of regionalization. The authors explore theories of cooperation, integration, and diffusion explaining the rise and the different forms of regionalism. The handbook also discusses the state of the art on the world regions: North America, Latin America, Europe, Eurasia, Asia, North Africa and the Middle East, and Sub-Saharan Africa. Various chapters survey the literature on regional governance in major issue areas such as security and peace, trade and finance, environment, migration, social and gender policies, as well as democracy and human rights. Finally, the handbook engages in cross-regional comparisons with regard to institutional design, dispute settlement, identities and communities, legitimacy and democracy, as well as inter- and transregionalism.

The Slave Trade and the Origins of International Human Rights Law

The Slave Trade and the Origins of International Human Rights Law
Author: Jenny S. Martinez
Publisher: OUP USA
Total Pages: 264
Release: 2012-01-04
Genre: History
ISBN: 0195391624

There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

Commercial Contract Law

Commercial Contract Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Total Pages: 623
Release: 2013-01-31
Genre: Law
ISBN: 1107028086

Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

Pax Transatlantica

Pax Transatlantica
Author: Jussi M. Hanhimäki
Publisher: Oxford University Press
Total Pages: 209
Release: 2021
Genre: History
ISBN: 0190922168

"Pax Transatlantica asserts that the recurrent transatlantic crises that have dominated headlines since the end of the Cold War, while not irrelevant, pale when set against the realities of shared interests and goals. It emphasizes three key factors. First, despite inflammatory and dismissive rhetoric, NATO continues to provide a solid security structure for its member states; an institutional framework of a Pax Transatlantica that has stood the test of time by expanding its remit and scope. Second, in a world concerned with the potential effects of trade wars (especially between the US and China) and the rise of economic nationalism, the transatlantic economic relationship stands apart as the richest, most closely integrated transcontinental economic space on the globe. Third, the book will trace the parallel evolution of domestic politics on both sides of the Atlantic with specific focus on the rise of populism. Rather than a sign of transatlantic 'drift,' the rise of populism - much like the emergence of so-called 'Third Way politics on both sides of the Atlantic in the 1990s - is evidence of a closely integrated transatlantic political space. In the end, while it is obvious that the history of the transatlantic relationship - even during the Cold War - was littered with crises, the relationship has endured. Conflicts have illustrated, time and again, the strength of the transatlantic community. The 'West', the book concludes, not only continues to exist. It is likely to thrive in the future"

Law's History

Law's History
Author: David M. Rabban
Publisher: Cambridge University Press
Total Pages: 585
Release: 2013
Genre: History
ISBN: 0521761913

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.