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Research Methodologies in EU and International Law

Research Methodologies in EU and International Law Author Tamara Hervey
ISBN-10 9781847317629
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.



Research Methodologies in EU and International Law

Research Methodologies in EU and International Law Author Robert Cryer
ISBN-10 OCLC:851331849
Release 2011
Pages 143
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Research Methodologies in EU and International Law has been writing in one form or another for most of life. You can find so many inspiration from Research Methodologies in EU and International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Research Methodologies in EU and International Law book for free.



Labour Law

Labour Law Author Hugh Collins
ISBN-10 9781107027824
Release 2012-09-27
Pages 923
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Written by the UK's foremost employment lawyers, this textbook is both comprehensive and engaging with detailed commentary and integrated materials.



Methodologies of Legal Research

Methodologies of Legal Research Author Mark Van Hoecke
ISBN-10 9781847317803
Release 2011-02-28
Pages 310
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Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.



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.



Participatory Research Methodologies

Participatory Research Methodologies Author Mr Richard Bowd
ISBN-10 9781409499541
Release 2013-03-28
Pages 298
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Participatory research methodologies have been used since the 1970s as a tool to garner accurate information about communities in which development practitioners operate. Their usefulness as a collection of research techniques has been evident in academic disciplines such as politics, sociology, anthropology and economics, among others. This informative text assesses the use of participatory methods as a research tool in the contexts of development and reconstruction after conflict and disasters by identifying cross-cutting themes and establishing a comparative lessons-learned framework that can help inform future uses of them, both for practitioners and researchers. More importantly, rather than adopting a prescriptive perspective, this book provides a critical analysis of such methodologies. Specifically, the reader will benefit from the collation of the experiences of those who utilize participatory research methods in different countries and contexts, and from different academic and practitioner perspectives.



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.



The EU Charter of Fundamental Rights

The EU Charter of Fundamental Rights Author Steve Peers
ISBN-10 9781849467476
Release 2014-12-01
Pages 1865
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The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.



New Approaches to EU Foreign Policy

New Approaches to EU Foreign Policy Author Maciej Wilga
ISBN-10 9781317674542
Release 2014-06-05
Pages 282
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EU foreign policy once existed in the form of the European Political Cooperation with only a limited political leverage and symbolic institutional underpinnings. In recent years rapid changes have occurred, including an expanding institutional apparatus, increased responsibility and growing demand for action. This book examines new approaches to the EU’s foreign policy that address its rapidly changing character, presenting the newest theoretical perspectives and dealing with novel empirical developments. Rather than simply considering structural variations and changes in the agency of the EU, it explores the new complexity in EU foreign policy. The authors offer new theoretical perspectives and new empirical studies dealing, among others, with issues such as: Power delegation to the Commission. EU diplomacy. Parliamentarisation and constitutionalisation. Committees’ involvement in foreign policy process. This book will be of interest to students and scholars of European politics, European foreign policy and European integration.



Research Methods in Human Rights

Research Methods in Human Rights Author Lee McConnell
ISBN-10 9781317373742
Release 2018-04-20
Pages 170
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Research Methods in Human Rights introduces the reader to key methodological approaches to Human Rights research in a clear and accessible way. Drawing on the expertise of a panel of contributors, the text clearly explains the key theories and methods commonly used in Human Rights research and provides guidance on when each approach is appropriate. It addresses such approaches to Human Rights research as qualitative methods, quantitative analysis, critical ethnography and comparative approaches, supported by a wide range of geographic case studies and with reference to a wide range of subject areas. The book suggests further reading and directs the reader to excellent examples from research outputs of each method in practice. This book is essential reading for students with backgrounds in law as well as political and social sciences who wish to understand more about the methods and ethics of conducting Human Rights research.



Research Handbook on the Law of International Organizations

Research Handbook on the Law of International Organizations Author Jan Klabbers
ISBN-10 9780857931290
Release 2011-05
Pages 544
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This pioneering Research Handbook with contributions from renowned experts, provides an overview of the general doctrines making up the law of international organizations.The approach of this book is taken from a novel perspective: that of the tension between functionalism and constitutionalism. In doing so, this Handbook presents not only practically relevant information, but also provides a tool for understanding the ways in which internationalorganizations work. It has separate chapters on specific 'constitutional' topics and on two specific organizations: the EU and the UN. Research Handbook on the Law of international Organizations will be of particular interest to academics and graduate students in the fields ofinternational law, international politics and international relations.



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.



Economic and Social Rights Under the EU Charter of Fundamental Rights

Economic and Social Rights Under the EU Charter of Fundamental Rights Author Tamara K. Hervey
ISBN-10 9781841130958
Release 2003
Pages 327
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The Charter of Fundamental Rights of the European Union includes, in addition to the traditional civil and political rights, a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?



Participation in EU Rule making

Participation in EU Rule making Author Joana Mendes
ISBN-10 9780199599769
Release 2011-04-07
Pages 502
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The limited scope of participation in the making of EU law remains a continued source of controversy, and high on the agenda for institutional reform. This book assesses the scope of legal rights to participate in EU rulemaking, criticising their limited application by the European courts, and presenting a legal argument for their extension.



The European Union s Foreign Policy in Comparative Perspective

The European Union s Foreign Policy in Comparative Perspective Author Ingo Peters
ISBN-10 9781317536543
Release 2015-11-19
Pages 292
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This ground-breaking volume provides a new perspective on the EU’s foreign policy and offers a reconstruction of EU research that extends beyond narrow-minded concepts of ‘power’ and ‘actorness’. Focusing on two intertwined research questions, it presents a more sustainable base for studying EU foreign policy: What is the EU’s foreign policy quality in terms of ‘actorness’ and ‘power’ compared to other types of actors in international relations and global politics? What factors influence the EU’s foreign policy performance in comparison to states and international organizations? This guiding principle and application of a ‘grounded theory’ or ‘heuristic case study’ approach allows the book to deliver a structured comparative analysis of EU foreign policy, comparing findings across policy fields, different legal foundations and respective policy modes of governance. This book will be of key interest to students and scholars of European Union studies, European Union foreign policy studies, international relations, and security policy studies.



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.