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Articles 1 - 15 of 15
Full-Text Articles in Law
European And German Security Policy And International Terrorism, Torsten Stein
European And German Security Policy And International Terrorism, Torsten Stein
International Law Studies
No abstract provided.
Eu Legal Personality In Foreign Policy?, Rafael Leal-Arcas
Eu Legal Personality In Foreign Policy?, Rafael Leal-Arcas
ExpressO
This article examines whether the European Union (EU) already had legal personality prior to the EU’s Constitutional Convention’s statement in the autumn of 2002 on the need to provide the EU with legal personality. Abolition of the distinction between the Union and the two surviving Communities is an essential aspect of simplifying the Treaties, and making the European constitutional order easier to understand for those subject to it. It follows that there has to be a single Union legal personality; but recognition of this would not, in itself, entail any extension of the Union’s powers. However, one wonders whether, by …
Individual Rights And Group Rights In The European Union's Approach To Minority Languages, Robert F. Weber
Individual Rights And Group Rights In The European Union's Approach To Minority Languages, Robert F. Weber
ExpressO
The European Union rights discourse is dominated by talk of individual, and not group, rights. Individual market actors have been the constitutive atoms of European Union law. Within this legal framework, the onus has been on the Member States to protect and contribute to minority language groups. This paper examines some of the ways Member States accommodate and recognize the minority language groups residing within Europe, and subsequently analyzes the compatibility of these measures with the EC Treaty in light of the European Court of Justice's (ECJ) willingness to invoke the Treaty in an increasing array of situations. Specifically, the …
Slides: Uk Climate Policy, James Reilly
Slides: Uk Climate Policy, James Reilly
Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)
Presenter: James Reilly, Senior Energy & Environment Advisor, British Embassy, Washington DC.
28 slides.
Contains references.
Europeanizing Self-Incrimination: The Right To Remain Silent In The European Court Of Human Rights, Mark Berger
Europeanizing Self-Incrimination: The Right To Remain Silent In The European Court Of Human Rights, Mark Berger
Faculty Works
Since it came into force in September, 1953, the European Convention on Human Rights has served as a reflection of Europe's movement toward the establishment of common standards of individual human rights and freedoms. The forty-five countries that are currently signatories to the Convention are subject to the jurisdiction of the European Court of Human Rights (ECHR) which was established in 1959 as a mechanism to interpret and enforce the obligations created by the Convention. Although the Convention contains no explicit reference to a right to remain silent, and despite the differing legal systems of the contracting states, the Court …
Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta
Comparative Corporate Governance: Irish, American, And European Responses To Corporate Scandals, Manish Gupta
ExpressO
A comparative review of legislative reactions to corporate scandals such as Enron and WorldCom. This paper examines American, Irish, and European Union legislation meant to deal with regulating corporations.
Planning The Funeral At The Birth: Extended Producer Responsibility In The European Union And The United States, Noah M. Sachs
Planning The Funeral At The Birth: Extended Producer Responsibility In The European Union And The United States, Noah M. Sachs
Law Faculty Publications
This Article examines how governments in the world's two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management, and trade. The European Union is implementing product-oriented environmental regulation based on the principle of Extended Producer Responsibility ("EPR"), which assigns responsibility to manufacturers to take back their products after consumers discard them. In theory, EPR could dramatically alter production practices by internalizing externalities from products and providing incentives for environmentally friendly design. However, practical problems of implementation raise questions about the effectiveness of EPR as a policy tool.
This Article …
I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle
I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle
Eric A. Engle
The European Union ("EU") implements a Common Foreign and Security Policy. This paper argues EU Foreign policy is incohesive, but growing more cohesive. The EU poses no threat to U.S. interests; however, poses only limited opportunities for U.S. foreign policy because the U.S. has relentlessly pursued a short-sighted and self-destructive foreign policy since 2002. The paper elaborates this thesis by considering institutional actors and historical experiences. Thus, it provides an overview of the institutional structure of the EU Common Foreign and Security Policy, as well as an overview of historic experiences of EC foreign policy.
Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle
Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle
Eric A. Engle
The article argues that Europe is a confederation, that confederations can be one form of state, and that the EU is best apprehended not as a sui generis entity like the British Commonwealth but as a weak and limited confederal state.
Parallel Trade, Unparallel Laws: An Examination Of The Pharmaceutical Parallel Trade Laws Of The United States, The European Union And The World Trade Organization, Julia A. Moore
Richmond Journal of Global Law & Business
No abstract provided.
Europe's Reach: A New Chapter In International Chemicals Law, Marcos A. Orellana
Europe's Reach: A New Chapter In International Chemicals Law, Marcos A. Orellana
Sustainable Development Law & Policy
No abstract provided.
Product-Based Environmental Regulations: Europe Sets The Pace , Paul E. Hagen
Product-Based Environmental Regulations: Europe Sets The Pace , Paul E. Hagen
Sustainable Development Law & Policy
No abstract provided.
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Northwestern Journal of International Law & Business
While the economy continues to grow on a global scale, large companies seeking to stay competitive must look to international markets as a means of expansion and trade. As international mergers become a more common means of accomplishing these goals, an increasing number of countries are adopting competition laws. Unfortunately, the laws of different countries and regions can, and do, come into conflict. This paper examines the merger control laws of both the United States and the European Union, why these laws sometimes conflict, and provides suggestions for possible solutions for minimizing future conflicts. Part II reviews the relevant merger …
Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang
Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang
Richard Li-dar Wang
In order to cope with the challenge posed by high-quality digital copying of copyrightable works, the World Intellectual Property Organization (WIPO) and a number of its members have determined to incorporate anticircumvention provisions in 1996 WIPO Copyright Treaty (WCT) and their domestic copyright laws. Even though these countries adopted this brand new regulation close in time, they approached the same problem in quite different manners, especially divergent with regard to public domain and fair use privileges. Since the two limitations on copyright play a key role in preserving free dissemination of information and preventing authors from over-asserting their exclusive rights, …
The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle
The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle
Eric A. Engle
The article outlines European Union company law -- the SE, insider trading, taxation and related regulations and directives of the European Union and notes the parallels between U.S. and E.U. insider trading law - E.U. insider trading law has been clearly formed by U.S. law and does parallel it.