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The Transformation of Enforcement: European Economic Law in a Global Perspective

Editat de Hans W. Micklitz, Andrea Wechsler
en Limba Engleză Paperback – 22 aug 2018
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law.Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic orderThis unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
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Specificații

ISBN-13: 9781509924479
ISBN-10: 1509924477
Pagini: 424
Dimensiuni: 156 x 234 mm
Greutate: 0.59 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book offers a new theoretical framework for european regulatory enforcement, which is an increasingly important area of EU law.

Notă biografică

Hans W Micklitz is Professor of Economic Law at the European University Institute.Andrea Wechsler is Professor of Economic Law at Pforzheim University.


Cuprins

Part I: Introduction1. Introduction: The Transformation of Enforcement - European Economic Law in Global Perspective Hans-W Micklitz and Andrea WechslerPart II: Theorising Justice: Analytical and Multidisciplinary Perspectives on Enforcement2. Enforcement in the Shadows of Transnational Economic Law Robert Wai3. Enforcement of Foreign Judgments: Governance, Rights, and the Market for Dispute Resolution Services Christopher A Whytock4. Can Legal and Political Culture Explain the Successes and Failures of European Law Compliance? Marlene WindPart III: The Supply and Demand Side of Justice: Stakeholders and Institutions5. Against False Settlement: Designing Efficient Consumer Rights Enforcement Systems in Europe Horst Eidenmüller and Martin Fries6. Transformations in Public and Private Enforcement Christopher Hodges and Naomi Creutzfeldt7. The Interaction Between Private and Public Enforcement in European Competition Law Josef DrexlPart IV: Shaping Justice: The Court of Justice of the European Union8. The Impact of the Court of Justice on the European Law Enforcement Architecture R Daniel Kelemen9. Alternatives to the Court of Justice of the European Union in the Field of Intellectual Property Law Marcus NorrgårdPart V: Rendering Justice: Procedures, Compensation, Sanctions10. US Class Actions: Promise and Reality Christopher Hodges11. The Role of Enforcement in Delineating the Scope of Intellectual Property Rights Reto M Hilty12. From Transnational Principles to European Rules of Civil Procedure: Reflections on the Potential of CaseManagement for the Resolution of Mass Disputes Ianika N Tzankova13. Private Antitrust Damages Actions in the EU: Chronicle of an Attempted Golpe Andrea RendaPart VI: Globalising Justice: Transnational Enforcement Mechanisms14. The Challenges of Transnational Contractual Enforcement: The Relative Merits of Arbitrationand State Courts Litigation Sandrine Clavel15. Competition Law Enforcement Beyond the Nation-State: A Model for Transnational Enforcement Mechanisms? Katalin CseresPart VII: Governing Justice: Public Accountability of Enforcement16. The Role of Procedural Law in the Governance of Enforcement in Europe Burkhard Hess17. The Legitimacy and Public Accountability of Global Litigation: The Particular Case of Transnational Arbitration Diego P Fernández ArroyoPart VIII: Conclusions18. Conclusions: Enforcement in Europe as a Market of Justice Andrea Wechsler and Bosko Tripkovic


Descriere

This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law.Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic orderThis unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.