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The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within thi...
This comparison of developments in EU and WTO trade law and institutions suggests how each can learn from the other.
Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and compar...
The application of the antidumping instrument by WTO members is often controversial because of the protectionist character of these measures where inefficient industries are protected from foreign competition. The legal framework within the WTO has loopholes that leave wide discretion to the investigating authorities to determine that a product is dumped, thereby emphasizing the protectionist nature of antidumping. The use of antidumping becomes even more controversial when WTO members use the antidumping tool beyond the legal scope of WTO law. The questions raised in this book concern the EU dumping determinations and their conformity with WTO law. This thought-provoking work examines whether European Union legislation on dumping, the practices adopted by the European Commission and the Council, as well as the decisions by the EC courts are in conformity with WTO law. The author's findings are particularly relevant given the frequent use of antidumping measures by EU authorities, especially as relates to Asian countries, and he carefully documents areas where the EU infringes WTO law.
This book is a legal research guide that addresses the internationalization and globalization of both the new curriculum for law schools - especially in the U.S. - and the practice of law. The book covers the subject of legal research methods in the U.S. and Europe in a depth and detail not found in other works. It can be used as a treatise on the subject or a textbook for a foreign and international legal research class. This second edition includes more research tips and a revised Chapter 4 with a special section on the EU's Treaty of Lisbon. This edition also includes a teachers' manual as a companion to Chapters 3-7.
Regulation in the EU provides analysis of some of the core legal aspects of EU regulation. The book focuses on the use of new instruments and methods as alternatives or supplements to traditional forms of legislation, such as directives and regulations. It also provides an analysis of the use of alternative procedures for creating legislation in the EU and the use of impact assessment in the adoption of EU regulation. The book includes an analysis of the reform of legal instruments proposed in the Constitutional Treaty. This book will be of interest to scholars, students and practitioners seeking to understand the core legal aspects of EU regulation and indications of where EU regulation is moving in the future. The book is the result of cooperation between legal experts from the Aarhus School of Business, the University of Aarhus, the Royal Agricultural University, the University of Southern Denmark and the Danish Ministry of Foreign Affairs. The book is edited by Birgitte Egelund Olsen and Karsten Engsig Sorensen who are both professors at the Aarhus School of Business.
This revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition's significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger c...
This revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition’s significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger...