Redefining Harmonisation

Redefining Harmonisation
Title Redefining Harmonisation PDF eBook
Author Ghio, Emilie
Publisher Edward Elgar Publishing
Pages 240
Release 2022-06-14
Genre Law
ISBN 1789903831

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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.

Redefining Organised Crime: A Challenge for the European Union?

Redefining Organised Crime: A Challenge for the European Union?
Title Redefining Organised Crime: A Challenge for the European Union? PDF eBook
Author Stefania Carnevale
Publisher Bloomsbury Publishing
Pages 403
Release 2017-12-28
Genre Law
ISBN 1509904727

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The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.

Redefining European Economic Integration

Redefining European Economic Integration
Title Redefining European Economic Integration PDF eBook
Author Dariusz Adamski
Publisher Cambridge University Press
Pages 517
Release 2018-04-19
Genre Law
ISBN 1108381804

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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.

Re-examining Insolvency Law and Theory

Re-examining Insolvency Law and Theory
Title Re-examining Insolvency Law and Theory PDF eBook
Author Emilie Ghio
Publisher Edward Elgar Publishing
Pages 313
Release 2023-12-11
Genre Law
ISBN 180392876X

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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.

English Corporate Insolvency Law

English Corporate Insolvency Law
Title English Corporate Insolvency Law PDF eBook
Author Vaccari, Eugenio
Publisher Edward Elgar Publishing
Pages 371
Release 2022-10-13
Genre Law
ISBN 1802204091

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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.

Intellectual Property Harmonisation Within ASEAN and APEC

Intellectual Property Harmonisation Within ASEAN and APEC
Title Intellectual Property Harmonisation Within ASEAN and APEC PDF eBook
Author Christopher Heath
Publisher Kluwer Law International B.V.
Pages 275
Release 2004-01-01
Genre Law
ISBN 9041122923

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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

The Division of Competences between the EU and the Member States

The Division of Competences between the EU and the Member States
Title The Division of Competences between the EU and the Member States PDF eBook
Author Sacha Garben
Publisher Bloomsbury Publishing
Pages 576
Release 2017-10-05
Genre Law
ISBN 1509913491

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The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.