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Beyond the Established Legal Orders

Policy Interconnections between the EU and the Rest of the World

Editor(s): Malcolm Evans, Panos Koutrakos
Media of Beyond the Established Legal Orders
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Published: 19-04-2011
Format: Hardback
Edition: 1st
Extent: 372
ISBN: 9781849461481
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

About Beyond the Established Legal Orders

A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community.



Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.

Table Of Contents

1. Much More Than Trade: The Common Commercial Policy in a Global Context
Joris Larik

2. Capital Market Openness After Financial Turmoil
Eilis Ferran

3. When is Migration not Migration? Examining Services in the EU and GATS
Elspeth Guild

4. Diplomacy by Directive? An Analysis of the International Context of the Emissions Trading Scheme Directive
Hans Vedder

5. The EU and the International Legal Order: The Case of Human Rights
Bruno De Witte

6. The European Union and the Rest of the World: Criminal Law and Policy Interconnections
Valsamis Mitsilegas

7. The Principle of Legality, Human Rights and the Management of Risks: Post-Kadi Reflections
Takis Tridimas

8. Europe's Counter-terrorism Law(s): Outlines of a Critical Approach
Jan Klabbers

9. Reflections on European Effective Multilateralism and the Use of Force

10. The Non-proliferation Policy of the European Union
Panos Koutrakos

11. Values in EU Foreign Policy
Marise Cremona

12. Principled Monism and the Normative Conception of Coercion under International Law
George Pavlakos and Joost Pauwelyn

Reviews

“...Beyond the Established Legal Orders achieves its aim of furthering the debate about how the established EU and international legal orders interact, and readers of the European Law Review will find much of the content extremely incisive and thought-provoking.

...this book gives a thorough analysis of the intersections between established legal orders which will be a vital addition to the literature on the subject for both EU and international lawyers.

” –  Paul James Cardwell, European Law Review, Volume 37

“...an excellent contribution to scholarship. It provides highly analytical, cutting-edge, theoretically-informed and insightful contributions to the growing literature on the increasing interdependence between the EU and the international legal orders. It should be noted, moreover, that although the book comprises a collection of articles presented at a workshop, Evans and Koutrakos, have ensured that it is not plagued by the faults that characterize many such edited books, such as selectivity, lack of coherence and uneven standards of contribution.

The book is highly recommended to scholars interested in the diverse and multifaceted aspects of the EU external persona and the dialectic relationship between the EU and the international legal orders.

...the book is a very welcome and recommended addition to the corpus of literature on the external dimensions of the EU persona, in respective of its trade, economic, political and security dimensions.



” –  Guy Harpaz, Common Market Law Review, Volume 49

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