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Title Precedents and Case Based Reasoning in the European Court of Justice
Author Marc Jacob
Publisher Cambridge University Press
Release Date 2014-03-20
Category Law
Total Pages 351
ISBN 9781107045491
Language English, Spanish, and French
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Book Summary:

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Title Precedents and Case Based Reasoning in the European Court of Justice
Author Marc A. Jacob
Publisher Unknown
Release Date 2014-05-14
Category Case-based reasoning
Total Pages 358
ISBN 1139922742
Language English, Spanish, and French
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Book Summary:

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Title The Average Consumer in Confusion based Disputes in European Trademark Law and Similar Fictions
Author Rasmus Dalgaard Laustsen
Publisher Springer Nature
Release Date 2019-11-06
Category Law
Total Pages 435
ISBN 9783030263508
Language English, Spanish, and French
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Book Summary:

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

Title The Oxford Handbook of European Union Law
Author Anthony Arnull
Publisher OUP Oxford
Release Date 2015-07-23
Category Law
Total Pages 950
ISBN 9780191653049
Language English, Spanish, and French
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Book Summary:

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Title The Internal Market and the Future of European Integration
Author Fabian Amtenbrink
Publisher Cambridge University Press
Release Date 2019-04-18
Category Business & Economics
Total Pages 854
ISBN 9781108474412
Language English, Spanish, and French
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Book Summary:

A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.

Title New Legal Approaches to Studying the Court of Justice
Author Claire Kilpatrick
Publisher Oxford University Press, USA
Release Date 2021-01-16
Category Law
Total Pages 192
ISBN 9780198871477
Language English, Spanish, and French
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Book Summary:

This title provides tools and approaches to study the activities of the European Court of Justice. Using new primary sources and an interdisciplinary approach, this volume develops a more holistic methodology for studying law and courts, especially the Court of Justice.

Title European Constitutional Language
Author András Jakab
Publisher Cambridge University Press
Release Date 2016-03-24
Category Law
Total Pages 488
ISBN 9781107130784
Language English, Spanish, and French
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Book Summary:

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

Title The Routledge Handbook of EU Copyright Law
Author Eleonora Rosati
Publisher Routledge
Release Date 2021-04-22
Category Law
Total Pages 550
ISBN 9781000364088
Language English, Spanish, and French
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Book Summary:

The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

Title Copyright and Fundamental Rights in the Digital Age
Author Oreste Pollicino
Publisher Edward Elgar Publishing
Release Date 2020-10-30
Category Law
Total Pages 288
ISBN 9781788113885
Language English, Spanish, and French
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Book Summary:

This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.

Title Precedents and Judicial Politics in EU Immigration Law
Author Marie De Somer
Publisher Springer
Release Date 2018-07-27
Category Political Science
Total Pages 361
ISBN 9783319939827
Language English, Spanish, and French
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Book Summary:

This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

Title Environmental Protection China and International Trade
Author Fengan Jiang
Publisher Routledge
Release Date 2021-07-08
Category Law
Total Pages 244
ISBN 9781000404784
Language English, Spanish, and French
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Book Summary:

This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.

Title Legal Knowledge and Information Systems
Author A. Rotolo
Publisher IOS Press
Release Date 2015-11-24
Category Computers
Total Pages 212
ISBN 9781614996095
Language English, Spanish, and French
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Book Summary:

Computer technology has become an essential part of all our lives, and the legal profession is no exception. For more than 25 years, the annual JURIX conference has provided an international forum for academics and practitioners working at the cutting edge of research into and the application of the interface between law and computer technologies. This book presents the proceedings of the 28th International Conference on Legal Knowledge and Information Systems (JURIX 2015), which took place in Braga, Portugal in December 2015. The book contains 14 full papers, nine short papers and nine posters delivered at the conference. These address a wide range of topics in legal informatics, and fall into three main subject areas: theory and foundations of AI and law, focusing on themes such as argumentation, reasoning, and evidence; technology of AI and law, which presents technological advancements and solutions; and applications of AI and law, describing implementations of AI and law technology in real world systems. The book offers an overview of the ways in which current information technology is relevant to the practice of law, and will be of interest to all those whose work involves legal theory, argumentation and practice.

Title Selecting Europe s Judges
Author Michal Bobek
Publisher OUP Oxford
Release Date 2015-03-19
Category Law
Total Pages 370
ISBN 9780191043611
Language English, Spanish, and French
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Book Summary:

The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organisations, or vertically, between the respective organisation and its Member States? Above all, has the spree of 'judicial comitology' as currently practised a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.

Title Proportionality Reasonableness and Standards of Review in International Investment Law and Arbitration
Author Valentina Vadi
Publisher Edward Elgar Publishing
Release Date 2018-04-27
Category LAW
Total Pages 352
ISBN 9781785368585
Language English, Spanish, and French
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Book Summary:

International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

Title Standing to Enforce European Union Law before National Courts
Author Hilde K Ellingsen
Publisher Bloomsbury Publishing
Release Date 2021-03-25
Category Law
Total Pages 296
ISBN 9781509937165
Language English, Spanish, and French
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Book Summary:

Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

Title The Court of Arbitration for Sport and Its Jurisprudence
Author Johan Lindholm
Publisher Springer
Release Date 2019-03-25
Category Law
Total Pages 348
ISBN 9789462652859
Language English, Spanish, and French
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Book Summary:

This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umeå University in Sweden.

Title The Foundations and Future of Public Law
Author Elizabeth Fisher
Publisher Oxford University Press, USA
Release Date 2020-02-21
Category
Total Pages 448
ISBN 9780198845249
Language English, Spanish, and French
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Book Summary:

Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Commonwealth Caribbean Law And Procedure by Alina Kaczorowska-Ireland

Title Commonwealth Caribbean Law and Procedure
Author Alina Kaczorowska-Ireland
Publisher Routledge
Release Date 2019-08-14
Category Law
Total Pages 242
ISBN 9781000497359
Language English, Spanish, and French
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Book Summary:

Commonwealth Caribbean Law and Procedure: The Referral Procedure under Article 214 RTC in the Light of EU and International Law is about the referral procedure set out in Article 214 of the Revised Treaty of Chaguaramas (RTC), which Treaty established the Caribbean Community Single Market and Economy (CSME). Article 214 RTC bears clear parallels to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the most important being that that both articles pursue the same objective, i.e. they seek to ensure that CSME law and EU law, respectively, are uniformly applied in all Member States. Although Article 214 RTC was inspired by, and modelled on, Article 267 TFEU, it is not its exact replica. The similarities and differences between Article 214 RTC and Article 267 TFEU are critically assessed in this book. Also, the book: Examines how Article 214 RTC operates in the Caribbean context, how it interacts with other provisions of the RTC, and how it fits into the various national legal systems of the Member States of the CSME. Explores possible reasons why, so far, national courts of the Member States of the CSME have not made any referrals to the Caribbean Court of Justice (CCJ). Puts Article 214 RTC in a comparative perspective; in particular, the book compares and contrasts it with Article 267 TFEU. Examines some of the aspects of Article 214 RTC in the light of public international law, bearing in mind that under Article 217(1) RTC, the CCJ is required, when exercising its original jurisdiction under Article 211 RTC, to "apply such rules of international law as may be applicable." This is to ensure that the CCJ will not bring in a finding of non liquet on the ground of silence or obscurity of CSME law, which Article 217(2) RTC expressly prohibits. This book will be of interest to academics and students studying CSME law, EU law, and comparative law, as well as judges, lawyers, and governmental and non-governmental organizations from the Caribbean region.

Title Time and Tax Issues in International EU and Constitutional Law
Author Werner Haslehner
Publisher Kluwer Law International B.V.
Release Date 2018-12-20
Category Law
Total Pages 328
ISBN 9789403501642
Language English, Spanish, and French
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Book Summary:

Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.

Title Establishing Judicial Authority in International Economic Law
Author Joanna Jemielniak
Publisher Cambridge University Press
Release Date 2016-07-12
Category Law
Total Pages 344
ISBN 9781107147102
Language English, Spanish, and French
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Book Summary:

This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.