Showing 1 - 10 of 14
The paper describes the necessity to consider the role of private rule making and the increasing importance of national regulatory agencies, in the process of European legal integration. It then focuses on the legislative design and process implementation of EPL. Its departing assumption is that...
Persistent link: https://www.econbiz.de/10005233250
This paper seeks to synthesise two concerns which are usually discussed separately One concerns the much discussed democracy deficit of the European polity. In this respect, it is considered that the democratic quality of the EU needs to be discussed in conjunction with Europe’s potential to...
Persistent link: https://www.econbiz.de/10005233251
It is perhaps a truism to note that ‘the consumer’ is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its encounters with the consumer? Can it, and if so to what way, shape the...
Persistent link: https://www.econbiz.de/10005017327
The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the...
Persistent link: https://www.econbiz.de/10005017343
This paper analyses the potential legitimacy basis of REACH, the new regulatory system for the EC chemicals market. It is argued that three different potential sources of legitmacy exists: i) the quasi-democratic process within which it was established; ii) proceduralisation; and iii) through an...
Persistent link: https://www.econbiz.de/10005017349
This paper examines the basis on which we might argue that there is a 'transnational' public interest in transnational policing. Is policing beyond the state simply a matter of finding points of overlap between the security interests of different national communities. If so, it appears as a...
Persistent link: https://www.econbiz.de/10005017358
This essay re-examines the concepts of Law and New Governance with a view to pursuing three cumulative objectives. First, it emphasizes that both law and new governance are deeply contested concepts whose meaning and inter-relationship cannot just be assumed or taken for granted, as is the...
Persistent link: https://www.econbiz.de/10005017359
The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes in conformity with the principles of justice and international law. This contribution discusses procedural and substantive principles of justice which the...
Persistent link: https://www.econbiz.de/10005017363
In textbooks and in theory, law is a product of democratic procedures. In reality, however, theplace of law production has moved to a significant degree from the domestic sphere into an emerging domain of supranational and international institutions, bodies, and organizations,public or private,...
Persistent link: https://www.econbiz.de/10005029609
The notion of 'Administrative Authority' has several dimensions in EU law. From a functional perspective, administrative authority may be exercised according to three patterns: indirect administration by member states' governmental institutions - the typical Community pattern - direct...
Persistent link: https://www.econbiz.de/10005029610