In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by (...) placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law. (shrink)

A major collection of essays by a multidisciplinary panel of experts exploring the various interpretations of the European crisis and the future of the European Union.

The COVID-19 pandemic has presented an important case study, on a global scale, of how democracy works - and fails to work - today. From leadership to citizenship, from due process to checks and balances, from globalization to misinformation, from solidarity within and across borders to the role of expertise, key democratic concepts both old and new are now being put to the test. The future of democracy around the world is at issue as today's governments manage their responses to (...) the pandemic. Bringing together some of today's most creative thinkers, these essays offer a variety of inquiries into democracy during the global pandemic with a view to imagining post-crisis political conditions. Representing different regions and disciplines, including law, politics, philosophy, religion, and sociology, eighteen voices offer different outlooks - optimistic and pessimistic - on the future. (shrink)

One of the greatest objects of judicial activity and academic commentary in European Union (EU) law has been the free movement of goods. The free movement of goods continues to generate intense debates because it is at the intersection of complex and difficult choices between public regulation and market freedom, on the one hand, and EU and state powers on the other. This chapter provides an overview of such debates and how they affected the development of EU law on the (...) free movement of goods. It uses the General Agreement on Tariffs and Trade (GATT) to identify some specificities of the European system. Under the GATT, discrimination tests are preceded by a market equivalence analysis of the relevant products, requiring an economic and empirical analysis of the market prior to determining whether the products are subject to differentiated treatment. (shrink)