Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- SSRN (4)
- EU (3)
- European Union (3)
- Agency design (1)
- Albert Camus (1)
-
- Algeria (1)
- Asylum (1)
- Brussels effect (1)
- California effect (1)
- Columbia Journal of European Law (1)
- Common Market (1)
- Communications; data; surveillance (1)
- Comparative law (1)
- Conditionality (1)
- Constitutional law (1)
- Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5) (1)
- Cooperation Policy (1)
- Deinstitutionalization (1)
- Diversification (1)
- EU law (1)
- Euro-zone crisis (1)
- Europe (1)
- European Court of Human Rights (1)
- European Court of Justice (ECJ) (1)
- France (1)
- Gays (1)
- Homicide (1)
- Human rights (1)
- Immigration law (1)
- International courts (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Trade And History: The Case Of Eu-Algeria Relations, Daniela Caruso, Joanna Geneve
Trade And History: The Case Of Eu-Algeria Relations, Daniela Caruso, Joanna Geneve
Faculty Scholarship
The recent centennial of Albert Camus’s birth has had little resonance in EU legal scholarship. Yet Camus’s work is a natural entry point into the EU’s trade relations with the global south, and Algeria’s case is a particularly salient one, given the oft-ignored fact that for five years the Algerian nation was a part of the European Economic Community. The onset of a free trade regime between the EU and the former colonies or territories of its member states is often touted as the culminating point in a line of constant progress, from dependency to autonomy and from asymmetry to …
Lost At Sea, Daniela Caruso
Lost At Sea, Daniela Caruso
Faculty Scholarship
A reflection on the existential loss experienced by many young persons in the aftermath of the Euro-zone crisis (often referred to as ‘the lost generation’) must also acknowledge, for the record and for reasons of relative salience, those who have recently drowned in the waters of southern Europe in their quest for a better future. This essay proposes to reconsider, for a moment, the relation between the obstacles that third country nationals (TNCs) encounter at our external frontiers and the increasing permeability of internal EU borders. Normally, one thinks of the two as structurally opposed: within its boundaries, the EU …
The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt
The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt
Faculty Scholarship
This article analyzes trends in prison rates and mental hospital rates in France since the earliest available statistics. It shows that, on almost two centuries of data and amidst an agitated political history, every asylum trend in France is "countered" by an inverse prison trend, and vice-versa. Both trends are like a mirror image of each other. We reflect on the possible explanations for this intriguing fact and show that the most obvious ones (a population transfer or a building transfer) are not able to account for most of the relationship. After these explanations have been dismissed, we are left …
Exporting Standards: The Externalization Of The Eu's Regulatory Power Via Markets, Anu Bradford
Exporting Standards: The Externalization Of The Eu's Regulatory Power Via Markets, Anu Bradford
Faculty Scholarship
This Article examines the unprecedented and deeply underestimated global power that the EU is exercising through its legal institutions and standards, and how it successfully exports that influence to the rest of the world. Introducing the notion of “the Brussels Effect,” the Article shows how market forces alone are sufficient to convert EU standards into global standards. Without the need to use international institutions or seek other nations’ cooperation, the EU has a strong and growing ability to promulgate regulations that become entrenched in the legal frameworks of developed and developing markets alike, leading to a notable “Europeanization” of many …
The Data Surveillance State In Europe And The United States, Joel R. Reidenberg
The Data Surveillance State In Europe And The United States, Joel R. Reidenberg
Faculty Scholarship
No abstract provided.
Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice, William E. Kovacic, Petros C. Mavroidis, Damien J. Neven
Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice, William E. Kovacic, Petros C. Mavroidis, Damien J. Neven
Faculty Scholarship
The objective of this paper is to discuss and compare the role that different constituencies play in US and EU procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we consider how the procedure unfolds, which parties are involved, and how they can affect the procedure. Our discussion reveals a very different ecology. EU and US procedures differ in terms of their basic design and in terms of the procedures that are naturally …
Introduction, George A. Bermann
Introduction, George A. Bermann
Faculty Scholarship
It is an honor to introduce this special issue of the Columbia Journal of European Law devoted to the legal method of the European Court of Justice (ECJ). That the issue consists of a single article should come as no surprise to anyone acquainted with Judge Koen Lenaerts, whose keen appreciation of the workings of the Court is quite simply unrivaled.
Global Experimentalist Governance, Grainne De Burca, Robert O. Keohane, Charles F. Sabel
Global Experimentalist Governance, Grainne De Burca, Robert O. Keohane, Charles F. Sabel
Faculty Scholarship
This article outlines the concept of Global Experimentalist Governance (GXG). GXG is an institutionalized transnational process of participatory and multilevel problem solving, in which particular problems, and the means of addressing them, are framed in an open-ended way, and subjected to periodic revision by various forms of peer review in light of locally generated knowledge. GXG differs from other forms of international organization and transnational governance, and is emerging in various issue areas. The Montreal Protocol on ozone-depleting substances is used to illustrate how GXG functions. The conditions for the emergence of GXG are specified, as well as some of …
International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten
International Courts As Agents Of Legal Change: Evidence From Lgbt Rights In Europe, Laurence R. Helfer, Erik Voeten
Faculty Scholarship
Do international court judgments influence the behavior of actors other than the parties to a dispute? Are international courts agents of policy change or do their judgments merely reflect evolving social and political trends? The authors develop a theory that specifies the conditions under which international courts can use their interpretive discretion to have system-wide effects. The authors examine the theory in the context of European Court of Human Rights (ECtHR) rulings on lesbian, gay, bisexual and transgender (LGBT) issues by creating a new dataset that matches these rulings with laws in all Council of Europe (CoE) member states. The …