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What is Market Manipulation?

An Analysis of the Concept in a European and Nordic Context

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Andri Fannar Bergþórsson

The Market Abuse Regulation (MAR) entered into force in 2016 within the European Union, which introduced a fully harmonized ban on market manipulation. Even though the regulation is quite detailed, the terms used to define market manipulation are relatively vague and open-ended. In What Is market manipulation? Dr. Andri Fannar Bergþórsson offers unique insight to and an interpretation of the concept of market manipulation, which includes an analysis of case law from the Nordic countries. The aim of the book is to clarify the concept as described in MAR and to provide readers some guidelines to distinguish between lawful behaviour and market manipulation (the unlawful behaviour). Bergþórsson convincingly argues that misinformation is an essential element of all forms of market manipulation.

Ukrainian Banking Regulation

Its Challenges and Transition towards European Standards

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Olga Afanasyeva and Armin Kammel

For the last few years, Ukraine and its financial sector have gradually sought to apply and comply with EU standards. Most recently, the signing of the EU-Ukraine Association Agreement has given Ukraine’s transition towards EU standards a formal basis. Ukraine, with EU support, is in the process of implementing EU regulations according to this Agreement. Against this background, the publication Ukrainian Banking Regulation: Its Challenges and Transition towards European Standards elaborates on this process by providing an in-depth background of the current Ukrainian banking regulation, its economics and the challenges of complying with the new EU standards.

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Maria Sjöholm

In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.

Edited by Astrid Kjeldgaard-Pedersen

In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.

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Alexander Hoogenboom

Traditionally viewed as a positive phenomenon, student mobility has recently come under critical scrutiny as a result of the financial crisis pushing European solidarity to its breaking point, and the fear of excessive EU incursion into the autonomy of Member States with respect to their higher education systems.
In Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union, Alexander Hoogenboom contributes to the ongoing and evolving debate from a legal perspective. The book offers recommendations with a view to reconcile the mobility rights of Union citizens for study purposes and the need to respect Member State autonomy in the organisation of their higher education systems. The argument made suggests rethinking established principles in EU free movement law while encouraging greater EU involvement in student funding opportunities.

Human Rights Protection by the ECtHR and the ECJ

A Comparative Analysis in Light of the Equivalency Doctrine

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Elisa Ravasi

In her manuscript Elisa Ravasi examines how the ECtHR responds to the growing challenges of overlapping legal systems. She focuses, in particular, on the relationship between the ECHR and EU law. First, she systematically analyses 10 years of ECtHR jurisprudence on the principle of equivalent protection and develops an innovative analysis scheme for its application. Afterwards, she examines the equivalency of the human rights protection provided by the ECJ in light of the minimum standards of the ECHR in three specific fields (naming law, ne bis in idem and equality of arms). Finally, she considers whether the presumption of equivalent protection of the ECtHR in favour of the EU is still justified.

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Edited by Stelios Stavridis and Davor Jancic

In Parliamentary Diplomacy in European and Global Governance, 27 experts from all over the world analyse the fast-expanding phenomenon of parliamentary diplomacy. Through a wealth of empirical case studies, the book demonstrates that parliamentarians and parliamentary assemblies have an increasingly important international role. The volume begins with parliamentary diplomacy in Europe, because the European Parliament is one of the strongest autonomous institutional actors in world politics. The study then examines parliamentary diplomacy in relations between Europe and third countries or regions (Mexico, Turkey, Russia, the Mediterranean), before turning attention to the rest of the world: North and South America, Asia, Africa and Australia. This pioneering volume confirms the worldwide nature and salience of parliamentary diplomacy in contemporary global politics.

Prosecuting Human Rights Offences

Rethinking the Sword Function of Human Rights Law

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Krešimir Kamber

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

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Elspeth Guild

This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.

The EU and the Security-Development Nexus

Bridging the Legal Divide

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Hans Merket

In The EU and the Security-Development Nexus, Hans Merket unravels the long-standing commitment of the European Union (EU) to integrate its policies across the security-development nexus. By fine-tuning the Common Foreign and Security Policy (CFSP) – which includes the Common Security and Defence Policy (CSDP) – with its development cooperation policies, the EU aims to end the devastating vicious cycle of insecurity and poverty in fragile states. This book undertakes a comprehensive analysis of the EU’s words and deeds that result from this engagement across its entire policy, and its institutional and legal system. This gives a complete picture of the significance, impact, limits, potential and remaining challenges of this policy commitment, and simultaneously elucidates the practical impact of Treaty reform in the area of EU external action.