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  • Hart Publishing, Oxford - Good books for lawyers
    Morgera The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral bilateral and inter regional instruments which have been less explored than the multilateral dimension of EU environmental policy The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries particularly developing ones On the other hand it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations Ultimately the book traces the significant evolution of the various tools deployed by the EU to integrate environmental concerns in its external relations with a view to identifying emerging challenges and future directions Gracia Mar n Dur n is Lecturer in International Economic Law University of Edinburgh School of Law Elisa Morgera is Lecturer in European Environmental Law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461870 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    both free movement and competition laws might apply to such self and co regulatory set ups and at the leeway given to quality considerations apparently conflicting with free movement or competition objectives In addition since court action will seldom suffice to genuinely integrate a market the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services However the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services A law and economics analysis is employed to investigate the need for specific professional rules the preferred type of regulator self co or government regulation and the level national and or European at which regulation should be adopted As becomes clear the story of the market for professional services is one of market and government failure the author is thus left to compare imperfect situations where market failures compete with rent seeking efforts the tendency towards over centralisation and national protectionism This book offers both an in depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462402 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    case 1991 and Brasserie du P cheur and Factortame 1996 judgments of the European Court of Justice ECJ is well established But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union The focus of the book is on the two key legal criteria that are common to both systems namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment 2000 which consolidated the convergence of the two liability systems that was first indicated in Brasserie du P cheur and Factortame These two criteria are set side by side to evaluate the extent in real terms of the convergence of Member State and EU institutional damages liability and to determine the extent to which one has influenced the other This book shows that although full convergence between the two liability systems is not likely each stream of case law should look to the other more actively as this important element of EU remedial law develops Convergence in EU law public

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461337 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    expert account of the theoretical and practical issues the EU faces when dealing with global emergencies The subjects covered are highly topical and include the financial and debt crises regional security and the fight against terrorism public health and food scares human trafficking and energy security Antonis Antoniadis is a Legal Officer at the Office of the European Ombudsman a Lecturer in Law at Durham University and has served as

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460828 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    well as for Cypriots Turks and Greeks namely how the Union deals with the de facto division of the island Despite the partial normalisation of relations between the two ethno religious groups on the island Cyprus accession to the EU has not led to its reunification nor to the restoration of human rights nor a complete end to the political and economic isolation of the Turkish Cypriot community Ironically enough the accession of the island to the EU actually added a new dimension to the division of the island According to Protocol 10 on Cyprus to the Act of Accession 2003 the Republic of Cyprus joined the Union with its entire territory However due to the fact that its Government cannot exercise effective control over the whole island pending a settlement the application of the acquis is suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not have effective control Given this unprecedented for an EU Member State situation of not controlling part of its territory the book analyses the limits of the suspension of the Union acquis in the areas north of the Green Line In other words the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460958 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    been a point of disappointment for minority rights advocates Indeed this book will demonstrate that in EU law binding standards really only exist in the sphere of non discrimination and are at their strongest in the field of employment As such binding standards within EU law affect only a small proportion of the canon of minority rights However the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU According to a broad understanding of minority rights protection acts of promotion and facilitation alongside those of standard setting constitute essential underpinnings for minority protection The EU s existing competences do therefore play a key role in minority protection In order to support these conclusions the book undertakes a comprehensive examination of the impact of EU law on minority rights protection The book examines a broad range of the EU s legal provisions and principles which may affect minority protection before undertaking in depth analyses of the examples of minority cultural rights and minority linguistic rights In addition the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group the Roma minority The concluding chapter draws together the EU s contribution to minority rights In short the EU can be seen as a promoter but not a protector of minority rights Although not ideal especially from the perspective of minorities it is worth at least exploring such a view Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU It will also be of relevance to those interested in understanding the dynamics

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138725 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    establishment only recently This has raised a number of important new questions including how the two freedoms relate to each other and how to balance the individuals rights to market access with the Member States competence to regulate in the public interest In particular the use of state measures to protect strategic or alleged public interests selectively or to foster national champions will be considered Under settled case law it suffices that a measure renders the exercise of the freedom less attractive to find an infringement of the free movement rules Potentially this opens the door for a broad review of the appropriateness of all non harmonised mandatory rules contained in general national laws There is also a general question of when free movement of capital and freedom of establishment may have horizontal effect a matter raised by the Viking case Horizontal application of the fundamental freedoms could lead to the exercise of control over private arrangements in many areas including company law if they have a tendency to impede or dissuade market access by investors from other Member States The particular situation of third country investors also has to be considered insofar as they may benefit from the free movement of capital but not from the establishment and services freedoms Recent developments in EU company law are discussed notably those concerning simple cross border relocation of businesses as well as those regulating take over and mergers Overall the book analyses the role of the market and the role of the state with regard to direct investment delineates the competences of the EU and the Member States in this field and places the debate in the larger context of international direct investment Focussing on recent developments cases and debates the book also looks at the changes made to the applicable

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461085 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    governance in the European Union EU institutions and elsewhere It offers a learning based approach to governance but one which can better respond to concerns about the democratic deficit and to the fulfillment of the public interest than the currently dominant neo institutionalist approaches The book is composed of one general introduction and eight chapters Chapter one introduces the concept of reflexive governance and describes the overall framework The following chapters of the book then summarise the implications of reflexive governance in major areas of domestic EU and global policy making They address in turn Services of General Interest Corporate Governance Institutional Frames for Markets Regulatory Governance Fundamental Social Rights Healthcare Services Global Public Services and Common Goods While the themes are diverse the chapters are unified by their attempt to get to the heart of which concepts of governance are dominant in each field and what their successes and failures have been reflexive governance then emerges as one possible response to the failures of other governance models currently being relied upon by policy makers Olivier De Schutter is the UN Special Rapporteur on the Right to Food and a Professor of Law at the University of Louvain UCL and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460682 (2016-02-13)
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