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Research Methodologies in EU and International Law

Research Methodologies in EU and International Law Author Tamara Hervey
ISBN-10 9781847316417
Release 2011-04-11
Pages 144
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Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.



Research Methodologies in EU and International Law

Research Methodologies in EU and International Law Author Robert Cryer
ISBN-10 1841132357
Release 2011
Pages 143
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The second edition of this book examines the law relating to employment industrial relations, and labour market regulation in the United Kingdom, including relevant dimensions of EC law and policy.



The Concept of Abuse in EU Competition Law

The Concept of Abuse in EU Competition Law Author Pinar Akman
ISBN-10 9781847318909
Release 2012-02-03
Pages 376
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The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and, coupled with the current state of economics in this area, raises an important question of legitimacy. Using law and economic approaches, this book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, this book establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself, and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about regarding both objectives and scope. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.



Epistemic Forces in International Law

Epistemic Forces in International Law Author Jean d'Aspremont
ISBN-10 9781781955284
Release 2015-02-27
Pages 288
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Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh



Research Handbook on the Theory and History of International Law

Research Handbook on the Theory and History of International Law Author Alexander Orakhelashvili
ISBN-10 9780857933089
Release 2011-01-01
Pages 560
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This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.



Research Handbook on EU Energy Law and Policy

Research Handbook on EU Energy Law and Policy Author Rafael Leal-Arcas
ISBN-10 9781786431059
Release 2017-10-27
Pages 576
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This authoritative Research Handbook presents, for the first time, a comprehensive overview of the most important research and latest trends in EU energy law and policy. It offers high-quality original contributions that provide state-of-the-art research in this rapidly evolving area, situated in the broader context of international economic law and governance.



The International Law of Transboundary Groundwater Resources

The International Law of Transboundary Groundwater Resources Author Gabriel Eckstein
ISBN-10 9781317551300
Release 2017-09-14
Pages 174
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This book provides a comprehensive review of the state of international law as it applies to transboundary groundwater resources and aquifers. The main focus is on recent developments and the emerging international law for transboundary aquifers as reflected in the practice of states and the work of the UN International Law Commission, UN Economic Commission for Europe, and International Law Association. The author takes an interdisciplinary approach to the subject matter and provides the scientific hydro-geological underpinning for the application of law and policy to transboundary groundwater resources. He also addresses the growing global dependence on this hidden resource, as well as both the historical and scientific context for development of the law. The book provides case examples throughout to illustrate the various concepts and developments. These include more detailed examinations of the few existing transboundary aquifer agreements in operation, such as for aquifers between France and Switzerland and Jordan and Saudi Arabia, as well as aquifers in North Africa and in South America.



New Approaches to International Law

New Approaches to International Law Author José María Beneyto
ISBN-10 9789067048781
Release 2012-09-26
Pages 278
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This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds.



International Law Theories

International Law Theories Author Andrea Bianchi
ISBN-10 9780191038211
Release 2016-11-03
Pages 250
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Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.



Routledge Handbook on the European Union and International Institutions

Routledge Handbook on the European Union and International Institutions Author Knud Erik Jørgensen
ISBN-10 9780415539463
Release 2013
Pages 491
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While the EU has championed "effective multilateralism" and experienced a dramatic internal reform process to improve its performance in external relations, broader multilateral processes have also undergone dramatic change. This handbook addresses the increasingly contested issue of profound political importance: Europe's presence in multilateral institutions. It assesses both the evolving role of Europe in international institutions, and the transformations in international institutions themselves. Acknowledging that the category of international institutions comprises a highly diverse field of multilateral engagements this handbook presents a state of the art approach that analyzes both what we have learned about the EU and international institutions as well as identifying promising avenues for further research. The handbook is divided into six parts: Part I examines the EU's diplomatic and legal personality in international relations that constitutes the internal foundation for the EU's engagement with international institutions. Part II assesses how EU multilateralism intersects with other international institutions and provides a means to assess the performance of international institutions as well as the EU itself in multilateral processes. Part III focuses on the EU's participation with key institutions within the general UN system, such as the UN Security Council and the Human Rights Council as well as specific policy domains such as human rights across UN institutions. Part IV focuses on EU relations with wide range of international organizations in a variety of fields, from organizations in economic and security realms to environmental institutions and specialized agencies. Part V focuses on the EU's engagement in a broad spectrum of issue-specific international agreements and international regimes, addressing issues such as non-proliferation of WMDs, climate change, information technology, and the emerging Gx-system (G7, G8, G20 etc). Part VI examines broader contextual factors that influence the relationship between the EU and international institutions, including the evolution of multilateralism, the trans-Atlantic relationship, global norms and the emergence of multipolarity. This comprehensive volume brings together scholars and practitioners to summarize and synthesize existing knowledge in the field. It will be of great interest to students and scholars of European politics, the EU's external relations, international relations, international organizations and international political economy.



Multilevel Regulation of Military and Security Contractors

Multilevel Regulation of Military and Security Contractors Author Christine Bakker
ISBN-10 9781847319005
Release 2012-02-10
Pages 664
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The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.



Epistemology and Methodology of Comparative Law

Epistemology and Methodology of Comparative Law Author Mark Van Hoecke
ISBN-10 9781847311245
Release 2004-06-01
Pages 408
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Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.



The Political Economy of International Law

The Political Economy of International Law Author Alberta Fabbricotti
ISBN-10 9781785364402
Release 2016-06-24
Pages 488
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Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between Political Economy and International Law. The book reflects the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each.



Research Handbook on Legal Pluralism and EU Law

Research Handbook on Legal Pluralism and EU Law Author Gareth Davies
ISBN-10 9781786433091
Release 2018
Pages 448
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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.



Governing Through Rights

Governing  Through  Rights Author Bal Sokhi-Bulley
ISBN-10 9781509903832
Release 2016-09-22
Pages 184
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Taking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques ? hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.



Research Methodology in the Built Environment

Research Methodology in the Built Environment Author Vian Ahmed
ISBN-10 9781317534242
Release 2016-03-31
Pages 280
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Built environment students are not always familiar with the range of different research approaches they could be using for their projects. Whether you are undertaking a postgraduate doctoral programme or facing an undergraduate or masters dissertation, this book provides general advice, as well as 13 detailed case studies from 16 universities in 7 countries, to help you get to grips with quantitative and qualitative methods, mixed methods of data collection, action research, and more.



Is International Law International

Is International Law International Author Anthea Roberts
ISBN-10 9780190696436
Release 2017-09-18
Pages 304
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.