Law Commons^™

National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola

Fernanda G. Nicola

Supranationalism And Foreign Law At The Court Of Justice Of The Eu Symposium: Foreign Law In Constitutional Courts: Introduction, Fernanda Nicola

Fernanda G. Nicola

A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor

Jarrod Tudor

Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …

The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, Jarrod Tudor

Jarrod Tudor

The benefits to free movement of international financial flows are numerous but include an efficient asset market and the opportunity for economic growth and development for countries engaged in an agreement allowing for such freedom. The free movement of capital is one of the four pillars of the Treaty on the Function of the European Union (TFEU) along with the free movement of goods, services, and labor. Article 63 of the TFEU prohibits limitations on the free movement of capital while Article 65 of the TFEU allows for some exceptions. Not only does the free movement of capital doctrine suppose …

Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor

Jarrod Tudor

Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states. …

Extending The European Debt Discussion To Broader International Governance, Odette Lienau

Odette Lienau

Although Europe is no stranger to sovereign debt troubles, the focus of international debt governance for several decades has been on the developing world. Discussions surrounding the efficacy and appropriateness of crisis mechanisms have been shaped by this political reality. But the current focus on Europe itself may generate changes in how public and private actors view international debt governance and the legitimacy of crisis mechanisms. In these remarks, I will focus on two ways in which Europe might serve as a test case for broader governance practices. First, I will discuss the ramifications of the European Union’s potential adoption …

The Deep Deformation Of Europe: Economic Conflict In The European Union, Elli Louka

Elli Louka

This book explains how the euro crisis has generated a conflict between creditor states and debtor states in the European Union. Europe has failed to transform into a Union. Instead it is deeply deformed by a conflict that takes place through the instrument of economic power. Those who had visualized Europe as a United States of Europe now see the European Union as just another example of the coercion in international politics.

China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland

Shruti Rana

Nations and businesses around the globe have been battling over copyright protection rules, with industrialized nations pressuring developing nations to adopt Western-style copyright regimes. These battles have escalated as copyright piracy grows and developing nations struggle to formulate laws that will protect their own intellectual properties as well as those of industrialized nations. China is at the cutting edge of these debates; in the summer of 2012, China released transformative new proposals to modify its copyright rules. This Article, which we believe is the first in-depth academic piece analyzing China’s new reforms, critiques China’s new proposals and argues that China …

International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kerry Rittich, Calvin Sharpe, Marley Weiss

Lance A Compa

Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD and the European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct. Thematic chapters deal with labor rights lawsuits in U.S. courts; cross-border labor organizing and bargaining ; migrant workers; women workers in the global economy, and child labor.

Documentary Supplement To International Labor Law: Cases And Materials On Workers' Rights In The Global Economy, James Atleson, Lance Compa, Kelley Rittich, Calvin Sharpe, Marley Weiss

Lance A Compa

This documentary supplement to International Labor Law contains excerpts of instruments dealing with international labor rights, including multilateral, regional, and U.S. labor rights instruments, as well as corporate codes of conduct and private sector framework agreements. Comprehensive in scope, International Labor Law examines labor rights and labor standards in multilateral and regional institutions like the WTO, ILO, OECD, and European Union; regional and bilateral trade agreements like NAFTA and more recent bilateral agreements with developing countries; the new labor-trade "template" in U.S. trade policy; and private initiatives like anti-sweatshop campaigns and corporate codes of conduct.

Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman

Dr. Kyle S. Herman

I invoke Carl Schmitt's Critique of Liberalism outlined in "The Concept of the Political" to better understand the European Union (EU) as a governmental institution. It is my contention that the EU is a liberal institution, with the sole intent to drive economic policy while ignoring identity, similar to what Schmitt rails against in his critique of liberalism. For that reason I demonstrate how the EU fits well into the mold Schmitt laid out to identify liberal politics. Therefore I use Schmitt's critique as both a starting point for defining the European Union and, by superimposing his critique onto the …

Researching And Understanding European Union Law: Introduction To The Eu, Jennifer Allison

Jennifer Allison

This presentation provides a brief introduction to the EU legal system. It presents a timeline of the formation and accession treaties, as well as a brief description of the EU's legislative and judicial bodies. It was the first presentation offered during a daylong EU Legal Research workshop at the 2011 AALL annual meeting in Philadelphia.

Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun

Reza Rajabiun

Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson

Kenneth Anderson

An American Researcher's Guide To European Communities Law And Legal Literature, Timothy Kearley

Timothy G. Kearley

The article provides American researchers who need information on European Communities' law with a basic reference tool to which they can turn to find out where, how, or whether a piece of information they need can be obtained.