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Author: Elaine Fahey
Publisher:
Published: 2014-07-18
Total Pages: 352
ISBN-13: 9781316004678
DOWNLOAD EBOOK →This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Author: Elaine Fahey
Publisher:
Published: 2014-08-26
Total Pages:
ISBN-13: 9781322066837
DOWNLOAD EBOOK →This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Author: Elaine Fahey
Publisher: Cambridge University Press
Published: 2014-07-17
Total Pages: 351
ISBN-13: 1107060516
DOWNLOAD EBOOK →This volume explores law's place in contemporary transatlantic relations and considers its institutional characteristics and trade and security rule-making.
Author: Helle Porsdam
Publisher: Edward Elgar Publishing
Published: 2009-01-01
Total Pages: 241
ISBN-13: 1849802300
DOWNLOAD EBOOK →Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.
Author: Elaine Fahey
Publisher: Springer
Published: 2018-04-26
Total Pages: 266
ISBN-13: 3319502212
DOWNLOAD EBOOK →This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.
Author: Rob van Gestel
Publisher: Cambridge University Press
Published: 2017-02-02
Total Pages: 867
ISBN-13: 1316760502
DOWNLOAD EBOOK →Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Author: Mistale Taylor
Publisher: Cambridge University Press
Published: 2023-04-13
Total Pages: 309
ISBN-13: 1108805981
DOWNLOAD EBOOK →This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
Author: James Moran
Publisher: Manchester University Press
Published: 2019-05-13
Total Pages: 239
ISBN-13: 1526133059
DOWNLOAD EBOOK →This book examines the role of civil law in determining mental capacity over a five hundred year period in England and in New Jersey.
Author: Mary Sarah Bilder
Publisher: Harvard University Press
Published: 2008-03-31
Total Pages: 308
ISBN-13: 0674020944
DOWNLOAD EBOOK →Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Author: Jussi M. Hanhimäki
Publisher: Oxford University Press
Published: 2021
Total Pages: 209
ISBN-13: 0190922168
DOWNLOAD EBOOK →"Pax Transatlantica asserts that the recurrent transatlantic crises that have dominated headlines since the end of the Cold War, while not irrelevant, pale when set against the realities of shared interests and goals. It emphasizes three key factors. First, despite inflammatory and dismissive rhetoric, NATO continues to provide a solid security structure for its member states; an institutional framework of a Pax Transatlantica that has stood the test of time by expanding its remit and scope. Second, in a world concerned with the potential effects of trade wars (especially between the US and China) and the rise of economic nationalism, the transatlantic economic relationship stands apart as the richest, most closely integrated transcontinental economic space on the globe. Third, the book will trace the parallel evolution of domestic politics on both sides of the Atlantic with specific focus on the rise of populism. Rather than a sign of transatlantic 'drift,' the rise of populism - much like the emergence of so-called 'Third Way politics on both sides of the Atlantic in the 1990s - is evidence of a closely integrated transatlantic political space. In the end, while it is obvious that the history of the transatlantic relationship - even during the Cold War - was littered with crises, the relationship has endured. Conflicts have illustrated, time and again, the strength of the transatlantic community. The 'West', the book concludes, not only continues to exist. It is likely to thrive in the future"
