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Ethnic Diversity, Plural Democracy and Human Dignity: Challenges to the European Union and Western Balkans (Ius Gentium: Comparative Perspectives on Law and Justice #99)
by Mario Krešić Damir Banović Alberto Carrio Sampedro Jānis Pleps“Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts.Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.
Ethnicity and International Law
by Mohammad ShahabuddinEthnicity and International Law presents an historical account of the impact of ethnicity on the making of international law. The development of international law since the nineteenth century is characterised by the inherent tension between the liberal and conservative traditions of dealing with what might be termed the 'problem' of ethnicity. The present-day hesitancy of liberal international law to engage with ethnicity in ethnic conflicts and ethnic minorities has its roots in these conflicting philosophical traditions. In international legal studies, both the relevance of ethnicity, and the traditions of understanding it, lie in this fact.
Ethnographic Worldviews
by Robert E. Rinehart Karen N. Barbour Clive C. PopeThis book discusses ethnography from the three points of view of Emerging Methodologies, Practice and Advocacy, and Social Justice and Transformation, with an over arching emphasis on researchers' and participants' worldviews. While these three thematic threads cut across each other, the actual chapters will be located so that the reader understand many of the current issues and concerns--with specific exemplars from around the globe--for ethnographers. 'Ethnographic Worldviews: Transformations and Social Justice' will have its "finger on the pulse" of contemporary ethnography. Chapters demonstrate up-to-the-moment awareness of ethnographic methods, concerns, and subject matters within contemporary ethnographic writing. Authors are deeply engaged in both their subject matter and their method. For example, discussion of ethical issues surrounding visual methods of "collecting" for photo-ethnographies is anticipated as a potential hot topic for this book. Unlike other ethnographic books which often suggest "giving voice to others", this book will actually give voice to a wide variety of perspectives, from the points of view of researchers.
The Ethnopoetics of Space and Transformation: Young People’s Engagement, Activism and Aesthetics
by Stuart C. AitkenChange is inevitable, we are told. A job is lost, a couple falls in love, children leave home, an addict joins Narcotics Anonymous, two nations go to war, a family member's health deteriorates, a baby is born, a universal health care bill is voted into law. Life comprises events over which we have considerable, partial, or little or no control. The distance between the event and our daily lives suggests a quirky spatial politics. Our lives move forward depending upon how events play out in concert with our reactions to them. Drawing on nearly three decades of geographic projects that involve ethnographies and interviews with, and stories about, young people in North and South American, Europe and Asia and using the innovative technique of ethnopoetry, Aitken examines key life-changing events to look at the interconnections between space, politics, change and emotions. Analysing the intricate spatial complexities of these events, he explores the emotions that undergird the ways change takes place, and the perplexing spatial politics that almost always accompany transformations. Aitken positions young people as effective agents of change without romanticizing their political involvement as fantasy and unrealistic dreaming. Going further, he suggests that it is the emotional palpability of youth engagement and activism that makes it so potent and productive. Pulling on the spatial theories of de Certeau, Deleuze, Massey, Agamben, Rancière, Zizek and Grosz amongst others, Aitken argues that spaces are transformative to the degree that they open the political and he highlights the complexly interwoven political, economic, social and cultural practices that simultaneously embed and embolden people in places. If we think of spaces as events and events encourage change, then spaces and people become other through complex relations. Taking poetry to be an emotive construction of language, Aitken re-visualizes, contorts and arranges people's words and gestures to
Ethos, Bioethics, and Sexual Ethics in Work and Reception of the Anatomist Niels Stensen (1638-1686)
by Frank SobiechThis book offers a unique and comprehensive outline of the ethos, the bioethics and the sexual ethics of the renowned anatomist and founder of modern geology, Niels Stensen (1638-1686). It tells the story of a student who is forced to defend himself against his professor who tries to plagiarize his first discovery, the "Ductus Stenonis": the first performance test for the young researcher. The focal points are questions of bioethics, especially with regard to human reproduction, sexual ethics, the beginning of life and the ensoulment of the embryo, together with frontiers of pastoral care. The book delineates Stensen's ethos as well as its medico-ethical and theological implications and reception by researchers and physicians from the 17th century until today, and asks about his lasting significance. Despite dating back more than 300 years, Stensen's character and his work offer up surprisingly topical answers to current questions on the nature of professional ethics in medical science and practice. Furthermore, "Ethos, Bioethics, and Sexual Ethics in Work and Reception of the Anatomist Niels Stensen (1638-1686): Circulation of Love" is the first academic book on bioethics and sexual ethics with a foreword by the Prefect of the Congregation for the Doctrine of the Faith. A fascinating book for bioethicists, physicians, members of health professions, scientists, and theologians.
The Ethos of Digital Environments: Technology, Literary Theory and Philosophy (Perspectives on the Non-Human in Literature and Culture)
by Susanna LindbergWhile self-driving cars and autonomous weapon systems have received a great deal of attention in media and research, the general requirements of ethical life in today’s digitalizing reality have not been made sufficiently visible and evaluable. This collection of articles from both distinguished and emerging authors working at the intersections of philosophy, literary theory, media, and technology does not intend to fix new moral rules. Instead, the volume explores the ethos of digital environments, asking how we can orient ourselves in them and inviting us to renewed moral reflection in the face of dilemmas they entail. The authors show how contemporary digital technologies model our perception, narration as well as our conceptions of truth, and investigate the ethical, moral, and juridical consequences of making public and societal infrastructures computational. They argue that we must make the structures of the digital environments visible and learn to care for them.
The Ethos of Europe
by Andrew WilliamsCan the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.
The Ethos of History: Time and Responsibility (Making Sense of History #34)
by Stefan Helgesson Jayne SvenungssonAt a time when rapidly evolving technologies, political turmoil, and the tensions inherent in multiculturalism and globalization are reshaping historical consciousness, what is the proper role for historians and their work? By way of an answer, the contributors to this volume offer up an illuminating collective meditation on the idea of ethos and its relevance for historical practice. These intellectually adventurous essays demonstrate how ethos—a term evoking a society’s “fundamental character” as well as an ethical appeal to knowledge and commitment—can serve as a conceptual lodestar for history today, not only as a narrative, but as a form of consciousness and an ethical-political orientation.
The Ethos of History: Time and Responsibility (Making Sense of History #34)
by Stefan Helgesson and Jayne SvenungssonAt a time when rapidly evolving technologies, political turmoil, and the tensions inherent in multiculturalism and globalization are reshaping historical consciousness, what is the proper role for historians and their work? By way of an answer, the contributors to this volume offer up an illuminating collective meditation on the idea of ethos and its relevance for historical practice. These intellectually adventurous essays demonstrate how ethos—a term evoking a society’s “fundamental character” as well as an ethical appeal to knowledge and commitment—can serve as a conceptual lodestar for history today, not only as a narrative, but as a form of consciousness and an ethical-political orientation.
The Ethos of the Climate Event: Ethical Transformations and Political Subjectivities (Routledge Advances in Climate Change Research)
by Kellan AnfinsonThis book develops a politico-ethical response to climate change that accounts for the novelty and uncertainty that it entails. This volume explores the ethical dimensions of climate change and posits that one must view it as a social construction intimately tied to political issues in order to understand and overcome this environmental challenge. To show how this ethos builds upon the need for new forms of responsiveness, Anfinson analyzes it in terms of four features: commitment, worldly sensitivity, political disposition, and practice. Each of these features is developed by putting four thinkers – Kierkegaard, Nietzsche, Schmitt, and Foucault respectively – in conversation with the literature on climate change. In doing so, this book shows how social habits and norms can be transformed through subjective thought and behavior in the context of a global environmental crisis. Presenting a multidisciplinary engagement with the politics, philosophy, and science of climate change, this book will be of great interest to students and scholars of climate change, environmental politics, environmental philosophy and environmental humanities.
Etica delle Relazioni Alimentari
by Adriano FabrisQuesto libro presenta e discute alcuni problemi di fondo che emergono oggi nelle relazioni alimentari e che riguardano i nostri stili di vita. I primi tre capitoli si concentrano sulle questioni che concernono l'alimentazione e sul rapporto con ciò che possiamo o non possiamo mangiare, per motivi etici, religiosi o semplicemente collegati al nostro benessere. Il quarto capitolo tratta dell'atto del bere e del nostro rapporto con l'acqua, nell’ottica della sostenibilità, della giustizia, del corretto uso e dell’equa distribuzione delle risorse idriche. In generale, l’idea che viene sostenuta nel libro è che per gli esseri umani gli atti del mangiare e del bere non dipendono dalla volontà del soggetto, ma si svolgono in contesti di relazione già dati e mettono in gioco, o impediscono, ulteriori relazioni: con altri esseri viventi, con altri esseri umani, con noi stessi. Tali relazioni possono svilupparsi bene oppure male. Se sono attuate male risultano distruttive. Bisogna capire come ciò accade e agire di conseguenza. L’etica ci aiuta a farlo, facendoci riflettere su questi problemi e individuando soluzioni concrete. Scritto per studenti universitari e per studiosi di etiche applicate, il libro è una lettura stimolante e provocatoria anche per un pubblico più ampio.
La Ética en 100 preguntas (100 Preguntas esenciales)
by María Luis Cifuentes PérezLas respuestas de la Ética a los grandes retos del nuevo humanismo: la manipulación genética, el uso de la tecnología, la bioética y la ética ecológica, la ética política, los derechos de los animales, la sostenibilidad y el sistema económico globalizado. ¿Las reglas morales se aprenden o son innatas? ¿Se pueden transgredir las leyes morales? ¿Son los políticos mentirosos compulsivos? ¿Puede haber tantas morales como culturas humanas? ¿Es injusto el actual capitalismo globalizado? ¿Es el ser humano un homo tecnologicus? ¿Constituye el Proyecto Genoma Humano un progreso ético? ¿Se puede ya programar una vida transhumana? ¿Es la especie humana la dueña del universo? ¿Estamos aún a tiempo de no destruir el planeta Tierra?
Ética para Celia
by Ana De MiguelEste libro no es solo una ética para chicas, es también una llamada a los chicos para que se atrevan a transgredir de verdad: para que dejen de ponerse en el lugar de sus deseos y se pongan en el lugar de las demás. La filosofía nos enseña que lo importante son las preguntas que nos hacemos, siempre que formulemos bien nuestros interrogantes y nos preguntemos por el fundamento de nuestros proyectos. La ética, por su parte es una invitación a ponerse en el lugar de los demás, y sucede que hasta ahora los hombres no se han puesto en el lugar de las mujeres. Con ellas ha valido casi todo: desde borrar su nombre y su historia hasta la violencia sexual. La filosofía y, con ella, la ética puede ayudarnos a comprender las enormes contradicciones a las que tienen que enfrentarse las mujeres en un mundo patriarcal al que los filósofos, aun sin haber estado a la altura, sí aportaron una manera de pensar crítica que nos ha llevado a ser conscientes de las desigualdades y a cuestionar el sistema. Ética para Celia nos invita a mirar de frente la realidad, el hecho de que nuestra vida se ha levantado sobre una doble verdad, con normas morales y fines vitales distintos para mujeres y hombres. Esta doble verdad se ha ido transformando, pero no ha desaparecido. A las jóvenes ya no se las socializa con idea de que sean para los demás, pero sí para ser deseables, que no deja de ser otra forma de ser para los otros.
The Etiquette Advantage in Business, Third Edition
by Daniel Post Senning Anna Post Lizzie Post Peter PostYour key to professional and personal successCompletely revised and updated, the third edition of the Posts' The Etiquette Advantage in Business is the ultimate guide professionals need to build successful business relationships with confidenceToday, more than ever, good manners mean good business. The Etiquette Advantage in Business offers proven, essential advice, from resolving conflicts with ease and grace to building productive relationships with colleagues at all levels. It also offers up-to-date guidance on important professional skills, including ethics, harassment in the workplace, privacy, networking, email, social media dos and don'ts, and knowing how and when to take responsibility for mistakes.For the first time in business history, four distinct generations inhabit the workplace at the same time, leading to generational differences that can cause significant tensions and relationship problems. The Etiquette Advantage in Business aims to help navigate conflict by applying consideration, respect, and honesty to guide you safely through even the most difficult situations.Written for professionals from diverse backgrounds and fields, The Etiquette Advantage in Business remains the definitive resource for timeless advice on business entertaining and dining etiquette, written communications, appropriate attire for any business occasion, conventions and trade shows, job searches and interviews, gift-giving, overseas travel, and more.In today's hyper-competitive workplace, knowing how to get along can make the difference between getting ahead and getting left behind. The Etiquette Advantage in Business provides critical tools for building solid, productive relationships and will help you meet the challenges of the work world with confidence and poise.
EU Action Plan for Sustainable Growth: New Impacts and Opportunities for Asset Managers (Sustainable Finance)
by Karen WendtThis book examines the new impacts and opportunities for asset managers based on the EU Action Plan for Sustainable Growth, which creates new standards, frameworks, and definitions for redirecting capital for sustainable growth. This approach disrupts the existing sustainability practices in asset management and requires asset managers to combine understanding of new portfolio engineering approaches with environmental, social, and governance (ESG) logistics and the EU taxonomy. The implications of this transformation affect theoretical models and current forms of asset management. Providing frameworks and tools to tackle the new requirements to create new business opportunities, this book is valuable for asset management professionals, practitioner, scholars, and students.
The EU AI Act: Answers to Frequently Asked Questions
by Paul Voigt Nils HullenThe AI Act of the European Union regulates the development and use of AI comprehensively and for all sectors. Companies, as well as NGOs and public authorities, are subject to obligations under the new European regulation, even if they are located outside of the EU. Readers of this handbook are introduced to the EU AI Act in an easy-to-read Q&A-style. The book addresses all relevant questions and provides guidance on how to deal with the obligations for providers, deployers and other stakeholders of the AI ecosystem, enabling compliance with the requirements of the AI Act: What is ‘Artificial Intelligence’ in terms of the EU AI Act? Which AI systems and operators are in scope? What general requirements apply to AI systems and general-purpose AI models? Which AI practices are prohibited? How does the risk-based approach of the AI Act work? How do GDPR and AI Act interact? What technical standards can be implemented to comply with the AI Act? Which fines apply in case of infringements? The book will address these questions and many more in order to facilitate the application and implementation of the EU AI Act for stakeholders of all shapes and sizes.
EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics (Transnational Law and Governance)
by Alicia Elias-Roberts; Stephen Hardy; Winfried HuckInvestigating the unique EU-CARICOM legal relationship, this book explores the major theme of globalisation, which shapes inter-regional organisations individually and determines their relationship to one another. It evaluates how EU-CARICOM relations have fostered trade, security and other development measures, reflecting on the past, future and present of the Caribbean states that are active in the EU-CARICOM framework. Providing case studies on key issues such as immigration, tax and energy, it examines the impact that the EU-CARICOM has on the slave trade and the deportation of millions of people. Such bitter experiences still indirectly shape culture, hopes and the economic framework of possibilities today; therefore, the focus of the volume is on the issues which the constant stream of globalisation creates. The book assesses many potential impacts that the agenda of the EU and Brexit pending will have upon the EU-CARICOM relationship, given the potential for these to create instability. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM. Overall, it highlights how the EU and CARICOM are representations for multilateralism and serve as models that provide the basis for many successful initiatives and agreements. In all new agreements and negotiations, the will to accept the Sustainable Development Goals and thus to make inequality, climate change and other goals of the SDGs the basis of an order that puts people at the centre, are evaluated, and the global agenda 2030 and its impact on EU-CARICOM.
The EU and the Proliferation of Integration Principles under the Lisbon Treaty (Routledge Research in EU Law)
by Francesca Ippolito Maria Eugenia Bartoloni Massimo CondinanziThe entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.
EU and US Competition Law: The Rule on Restrictive Agreements and Vertical Intra-brand Restraints
by Csongor István NagyThis book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited. Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.
The EU Anti-Corruption Report: A Reflexive Governance Approach (Law, Crime and Culture)
by Andi HoxhajThis book analyses the development of anti-corruption as a policy field in the European Union with a particular focus on the EU Anti-Corruption Report. It reconstructs the origins of anti-corruption policy in the 1990s when the EU started to recognise corruption as a serious crime with a cross-border dimension. It also analyses the processes surrounding the downfall of the Santer Commission on charges of corruption in 1999 and the enlargement of the EU. This incorporation of transitional new Member States was accompanied by a number of specific measures, instruments and monitoring mechanisms to combat corruption at the supranational level, finally leading to the introduction of the EU-wide Anti-Corruption Report in 2014. The book presents an in-depth analysis of its implementation, abandonment and the way forward under the European Semester as the new instrument for achieving EU anti-corruption reforms. It offers a new interpretation of the Report as a form of reflexive governance that operates at multiple levels and involves not only the European institutions and national governments, but also the role of civil society actors in the process of developing anti-corruption policy. It applies the theory of reflexive governance in analysing the impact of the Report in the UK, Romania and Albania, including the involvement of non-state actors in anti-corruption policy making in these countries. The book concludes with a discussion on how future EU Anti-Corruption policy can make use of reflexive governance and offers recommendations to enhance anti-corruption policies of the EU, the Member States and Candidate States.
EU Antitrust Law and Sport Governance: The Next Frontier? (Routledge Research in Sport Business and Management)
by Jacob KornbeckThis is the first book to examine the significance of European Union antitrust law for the future of sport in Europe. Drawing on multi-disciplinary perspectives from law, economics, sport management and politics, and including case studies about the European Super League (ESL) and the International Skating Union, the book explores key themes in contemporary sport, including governance, ownership and control; the European sport model; the regulatory autonomy of sports organisations; and the relationship between public policy, the law and sport. This is important reading for any advanced student, researcher, policy-maker or practitioner with an interest in sport management, sport law, European law or European politics.
The EU Artificial Intelligence Act: Regulating Subliminal AI Systems (Routledge Research in the Law of Emerging Technologies)
by Rostam J. NeuwirthAI in combination with other innovative technologies promises to bring unprecedented opportunities to all aspects of life. These technologies, however, hold great dangers, especially for the manipulation of the human mind, which have given rise to serious ethical concerns. Apart from some sectoral regulatory efforts to address these concerns, no regulatory framework for AI has yet been adopted though in 2021 the European Commission of the EU published a draft Act on Artificial Intelligence and UNESCO followed suit with a Recommendation on the Ethics of Artificial Intelligence. The book contextualises the future regulation of AI, specifically addressing the regulatory challenges relating to the planned prohibition of the use of AI systems that deploy subliminal techniques. The convergence of AI with various related technologies, such as brain–computer interfaces, functional magnetic resonance imaging, robotics and big data, already allows for "mind reading" or "dream hacking" through brain spyware, as well as other practices that intrude on cognition and the right to freedom of thought. Future innovations will enhance the possibilities for manipulating thoughts and behaviour, and they threaten to cause serious harm to individuals as well as to society as a whole. The issue of subliminal perception and the ability to deceive and manipulate the mind below the threshold of awareness causes severe difficulties for law and democracy and raises important questions for the future of society. This book shows how cognitive, technological, and legal questions are intrinsically interwoven, and aims to stimulate an urgently needed transdisciplinary and transnational debate between students, academics, practitioners, policymakers and citizens interested not only in the law but also in disciplines including computer science, neuroscience, sociology, political science, marketing and psychology.
The EU as a 'Global Player' in Human Rights? (Routledge Research in Human Rights Law)
by Jan Erik WetzelThe Treaty of Lisbon has endowed the EU with a normative human rights framework that confirms recognition as a fully-fledged regional mechanism for the protection of human rights. The aim of this book is to contribute to the growing discussion of the external human rights dimension of the European Union. Its theme sits at the crossroads between International and EU law, Human Rights, and Political Science. In moving beyond well-covered topics such as the protection of human rights within the EU, or their relevance for the accession of new Member States, this book asks the broader question of whether EU human rights law has any real relevance on a global scale. In total, The EU as a 'Global Player' in Human Rights gives an overview of the international relevance of EU human rights law by means of exemplary case-studies of the EU’s institutional and substantive protection of human rights, whilst consideration of non-European perspectives from China and Japan underline its global focus. This book will be of particular interest to researchers, students, and practitioners in International and European law, Human Rights Law, European studies and International Relations.
EU Banking and Capital Markets Regulation: Open Issues of Vertical Interplay with National Law (EBI Studies in Banking and Capital Markets Law)
by Filippo Annunziata Michele SiriThe relationship between EU and national law has taken up new forms and dimensions in the context of EU financial legislation. The wide reforms introduced in the EU financial architecture over the past years raised new issues and opened new perspectives, stimulating paramount discussions and debates that are far from being settled. Issues concerning the interplay between EU and national law relate to all the dimensions of EU financial legislation: the principles and solutions that are consolidating in this area are also likely to set the standard within other fields of EU policy and legislation. Considering, for example, legal sources, the need to foster higher levels of harmonisation among the legislations of member states needs to be balanced against the complex mechanism of options and discretions, as well as with the application of the principle of proportionality embedded in most of the fundamental texts of European financial legislation. Enforcement and institutional interplay are striking examples of the complexities of the new system. The application of traditional principles comes at grips with the continuous effort, by EU institutions and by the European Supervisory Authorities (ESAs), to set the ground for a stronger backbone of common principles for the application of EU legislation. This volume explores these topics in a new, multi-disciplinary perspective, that cuts across all relevant areas of European financial markets law.The relationship between EU and national law has taken up new forms and dimensions in the context of EU financial legislation. The wide reforms introduced in the EU financial architecture over the past years raised new issues and opened new perspectives, stimulating paramount discussions and debates that are far from being settled. Issues concerning the interplay between EU and national law relate to all the dimensions of EU financial legislation: the principles and solutions that are consolidating in this area are also likely to set the standard within other fields of EU policy and legislation. Considering, for example, legal sources, the need to foster higher levels of harmonisation among the legislations of member states needs to be balanced against the complex mechanism of options and discretions, as well as with the application of the principle of proportionality embedded in most of the fundamental texts of European financial legislation. Enforcement and institutional interplay are striking examples of the complexities of the new system. The application of traditional principles comes at grips with the continuous effort, by EU institutions and by the European Supervisory Authorities (ESAs), to set the ground for a stronger backbone of common principles for the application of EU legislation. This volume explores these topics in a new, multi-disciplinary perspective, that cuts across all relevant areas of European financial markets law.
EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?
by Josef Drexl Henning Grosse Ruse - Khan Souheir Nadde-Phlix This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.