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Author: William Phelan Publisher: ISBN: 0198712790 Category : Business & Economics Languages : en Pages : 225
Book Description
Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.
Author: William Phelan Publisher: ISBN: 0198712790 Category : Business & Economics Languages : en Pages : 225
Book Description
Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Bertram Turner Publisher: Berghahn Books ISBN: 1785334190 Category : Social Science Languages : en Pages : 322
Book Description
Retaliation is associated with all forms of social and political organization, and retaliatory logics inform many different conflict resolution procedures from consensual settlement to compensation to violent escalations. This book derives a concept of retaliation from the overall notion of reciprocity, defining retaliation as the human disposition to strive for a reactive balancing of conflicts and injustices. On Retaliation presents a synthesized approach to both the violence-generating and violence-avoiding potentials of retaliation. Contributors to this volume touch upon the interaction between retaliation and violence, the state’s monopoly on legitimate punishment and the factors of socio-political frameworks, religious interpretations and economic processes.
Author: United States. National Labor Relations Board. Office of the General Counsel Publisher: U.S. Government Printing Office ISBN: Category : Law Languages : en Pages : 68
Author: Freya Baetens Publisher: Kluwer Law International B.V. ISBN: 940354886X Category : Political Science Languages : en Pages : 574
Book Description
The European Union (EU) and the World Trade Organization (WTO) are becoming ever more important players on the international legal scene, as well as points of reference for the development and functioning of similar institutions elsewhere. Both institutions initially had a relatively small trade-focused mandate, which has been significantly expanded over the past decades so that there are few legal issues today that are not, in some way, affected by EU or, perhaps to a lesser extent, WTO law. Today, the EU and the WTO interact on a global scale as rule-makers and – enforcers, with repercussions for the entire world’s population. Nevertheless, they are currently experiencing a backlash. Both institutions are likely to undergo major reform in the next years: the book scrutinizes current proposals and makes an educated attempt at predicting upcoming changes in the EU and the WTO format. For this reason, the book takes a macro-approach looking at the EU and the WTO in a broader context as well as a micro-approach analysing specific high-profile issues, including: the EU, the WTO and Brexit; environmental sustainability in EU competition law and free trade agreements; the EU’s proposed Carbon Border Adjustment Mechanism (CBAM); WTO safeguards and rules of origin in services; reform of WTO dispute settlement procedures and the Appellate Body; the WTO, the EU Green Deal and renewable energy investment; EU external relations with Mercosur, the EEA and Switzerland; EU human rights law and the freedom of artistic expression; and international trade law’s contribution to combatting pandemics. Contributors to the book are experts active in legal academia, international legal practice, or both, who wish to honour Marco Bronckers, upon his retirement from the Chair of WTO and EU Law at the University of Leiden. A variety of audiences stands to benefit from the book’s discussion and proposed solutions: legal practitioners, scholars and students of international and European law; as well as related disciplines, such as political science and economic theory.
Author: Bruce A. Jacobs Publisher: Cambridge University Press ISBN: 9780521617987 Category : Social Science Languages : en Pages : 172
Book Description
This study examines the structure, process and forms of retaliation in contemporary urban America where street criminals employ it instead of recourse to the criminal justice system. It explores retaliation from a first hand perspective, based on interviews with currently active street criminals rather than prisoners.
Author: William Phelan
Author: William Phelan
Author: William Phelan
Author: United States
Author: United States. Wage and Hour and Public Contracts Divisions
Author: American Bar Association. House of Delegates
Author: Bertram Turner
Author: United States. National Labor Relations Board. Office of the General Counsel
Author: Freya Baetens
Author: Chad P. Bown
Author: Bruce A. Jacobs