Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.

European economic integration has relied on policies intended to make the European Union strong and resilient economically, socially and politically. The Eurozone crisis and Brexit have demonstrated, however, how fragile this hope was and how contested reforms to the major European economic policies have become. Dariusz Adamski explains the evolution of these policies - from the Economic and Monetary Union to the internal market, international trade, the EU's climate policy, as well as its redistributive policies - and demonstrates how this evolution has made European economic integration increasingly frail. He shows how erroneous economic and political assumptions regarding the direction of the European integration project have interplayed with the EU's constitutional context. Arguing that flaws in individual policies contributing to European economic integration can be remedied in compliance with the existing constitutional setup, he explains why such solutions would be economically beneficial and politically feasible.

An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.

This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject.

In several major areas of international trade'particularly software and technology transfer'a harmonised regime of intellectual property law is a crucial prerequisite to success. Yet this legal concept appears to be extraordinarily difficult to establish on any agreed-upon basis among countries. And nowhere has the sought-for harmonisation proven more intractable than in the countries of the Asia Pacific region. Intellectual Property Harmonisation in ASEAN and APEC investigates the complex issues that lie at the root of this major block to the unhampered global flow of commerce based on intangible assets. By highlighting the background of Asian legal systems, both in terms of culture and intellectual property systems, the authors suggest how the current obstacles towards greater harmonisation and integration may be overcome. Defining the accepted principles enshrined in TRIPS, the Paris Convention, and other international agreements, the presentation describes the relatively successful European experience and then goes on to develop strategic variations geared to relate more precisely to harmonisation, integration and co-operation in the East Asian region. Among the important elements of the problem (and its potential solutions) discussed in this book are the following: the strong influence of legal culture in the different Asian countries;the limits of IP harmonisation in Europe;the importance of understanding the political and cultural perceptions that prevail in the various Asian countries;the non-uniform approach of different Asian countries due in part to bilateral free trade agreements; andthe experience of patent office cooperation and its potential as a model for smaller countries. The contributing authors have all worked in the IP field for more than a decade and have followed closely the developments of intellectual property law since the advent of the TRIPS Agreement. Their collective expertise includes both academic and practical considerations on IP harmonisation. Intellectual Property Harmonisation in ASEAN and APEC will be of great value and interest to policymakers seeking effective enforcement of intellectual property rights, to international lawyers counseling clients on Asia, and to academics working in the fields of intellectual property or Asian law. MAX PLANCK SERIES ON ASIAN INTELLECTUAL PROPERTY LAW 10

This book addresses groundwater governance, a subject internationally recognized as crucial and topical for enhancing and safeguarding the benefits of groundwater and groundwater-dependent ecosystems to humanity, while ensuring water and food security under global change. The multiple and complex dimensions of groundwater governance are captured in 28 chapters, written by a team of leading experts from different parts of the world and with a variety of relevant professional backgrounds. The book aims to describe the state-of-the-art and latest developments regarding each of the themes addressed, paying attention to the wide variation of conditions observed around the globe. The book consists of four parts. The first part sets the stage by defining groundwater governance, exploring its emergence and evolution, framing it through a socio-ecological lens and describing groundwater policy and planning approaches. The second part discusses selected key aspects of groundwater governance. The third part zooms in on the increasingly important linkages between groundwater and other resources or sectors, and between local groundwater systems and phenomena or actions at the international or even global level. The fourth part, finally, presents a number of interesting case studies that illustrate contemporary practice in groundwater governance. In one volume, this highly accessible text not only familiarizes water professionals, decision-makers and local stakeholders with groundwater governance, but also provides them with ideas and inspiration for improving groundwater governance in their own environment.

Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Promoting the vision of the EU as an arena of dialectic law-making, Redefining Harmonisation tackles the most debated issues within the study of harmonisation, including ambiguity of language, ambiguity of objectives in European law, and a declining level of support for further European integration. Emilie Ghio examines the purpose of harmonisation through an analysis of the most important provision of EU primary law, Article 114(1). Chapters analyse the core elements of Article 114(1), namely the link between harmonisation and the internal market, the role of the Member States in the harmonisation process, and the harmonisation language adopted by the EU. Ghio puts this analysis to the test by studying harmonisation in action, through case studies on EU primary law. Offering an in-depth exploration of the concept of EU harmonisation through the lens of European insolvency law, this book will be an insightful read for students interested in EU law and the law-making process. This will also be a useful resource for insolvency law and governance scholars, looking to develop their knowledge of this growing topic.