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The Case of Brexit
The UK has demonstrated its preference for intergovernmental rather than supranational relations. Nonetheless, 47 years of EU membership have involved unparalleled restrictions on its sovereignty, which have triggered the attempt to ‘take back control’ through its withdrawal. This book shows how the British left us with valuable lessons on the legal and procedural constraints to EU withdrawal, which have led to a post-Brexit Britain that continues bound by the important supranational features that have transcended its abandoned membership into its new relationship with the EU.
The Case of Brexit
The UK has demonstrated its preference for intergovernmental rather than supranational relations. Nonetheless, 47 years of EU membership have involved unparalleled restrictions on its sovereignty, which have triggered the attempt to ‘take back control’ through its withdrawal. This book shows how the British left us with valuable lessons on the legal and procedural constraints to EU withdrawal, which have led to a post-Brexit Britain that continues bound by the important supranational features that have transcended its abandoned membership into its new relationship with the EU.
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
Liber Amicorum in honour of Gert-Jan van Hegelsom
The Treaty of Lisbon has significantly enhanced the EU’s institutional framework and the instruments at its disposal in foreign policy and external relations, notably through the creation of the function of the High Representative, supported by the European External Action Service. Contributing to the maintenance of international peace and security is one of the core objectives of the EU’s external action. This volume, with contributions from legal experts on EU foreign policy and external relations, illustrates the manifold legal issues arising in EU external action and in its efforts to achieve this essential objective.
Liber Amicorum in honour of Gert-Jan van Hegelsom
The Treaty of Lisbon has significantly enhanced the EU’s institutional framework and the instruments at its disposal in foreign policy and external relations, notably through the creation of the function of the High Representative, supported by the European External Action Service. Contributing to the maintenance of international peace and security is one of the core objectives of the EU’s external action. This volume, with contributions from legal experts on EU foreign policy and external relations, illustrates the manifold legal issues arising in EU external action and in its efforts to achieve this essential objective.
A Comparative Study of English and Chinese Law
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
A Comparative Study of English and Chinese Law
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
Volume 4 (2021)
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.
In the Thematic Section of volume 4, entitled ‘Regionalisation and Localisation of International Disaster Law’, distinguished scholars explored legal/institutional approaches adopted by regional and sub-regional organizations toward disaster law issues or the interaction of international disaster law and policies with domestic legal orders and local actors.
In the Thematic Section of volume 4, entitled ‘Regionalisation and Localisation of International Disaster Law’, distinguished scholars explored legal/institutional approaches adopted by regional and sub-regional organizations toward disaster law issues or the interaction of international disaster law and policies with domestic legal orders and local actors.
Volume 4 (2021)
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.
In the Thematic Section of volume 4, entitled ‘Regionalisation and Localisation of International Disaster Law’, distinguished scholars explored legal/institutional approaches adopted by regional and sub-regional organizations toward disaster law issues or the interaction of international disaster law and policies with domestic legal orders and local actors.
In the Thematic Section of volume 4, entitled ‘Regionalisation and Localisation of International Disaster Law’, distinguished scholars explored legal/institutional approaches adopted by regional and sub-regional organizations toward disaster law issues or the interaction of international disaster law and policies with domestic legal orders and local actors.
A Challenging Relationship
What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.
A Challenging Relationship
What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.
The Significance of ELSPI Perspectives
This edited collection examines the ethical, legal, social and policy implications of genome editing technologies. Moreover, it offers a broad spectrum of timely legal analysis related to bringing genome editing to the market and making it available to patients, including addressing genome editing technology regulation through procedures for regulatory approval, patent law and competition law.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
The Significance of ELSPI Perspectives
This edited collection examines the ethical, legal, social and policy implications of genome editing technologies. Moreover, it offers a broad spectrum of timely legal analysis related to bringing genome editing to the market and making it available to patients, including addressing genome editing technology regulation through procedures for regulatory approval, patent law and competition law.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
Volume 2, Preamble, Part I and Part II (Articles 1 to 10)
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
Volume 2, Preamble, Part I and Part II (Articles 1 to 10)
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
Retrospective and Prospective
Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.
Retrospective and Prospective
Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.
Volume 7 (2022), Published under the auspices of Queen Mary University of London and EFILA
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.