Public stock markets are too small. This book is an effort to rescue public stock markets in the EU and the US. There should be more companies with publicly-traded shares and more direct share ownership. Anchored in a broad historical study of the regulation of stock markets and companies in Europe and the US, the book proposes ways to create a new regulatory regime designed to help firms and facilitate people's capitalism. Through its comparative and historical study of regulation and legal practices, the book helps to understand the evolution of public stock markets from the nineteenth century to the present day. The book identifies design principles that reflect prior regulation. While continental European company law has produced many enduring design principles, the recent regulation of stock markets in the EU and the US has failed to serve the needs of both firms and retail investors. The book therefore proposes a new set of design principles to serve contemporary societal needs.

"The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.

This book questions the critical attitude that is informing the critical histories that have been flourishing since the 'historical turn' in international law. It makes the argument that the 'historical turn' falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the 'historical turn' have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.

Constitutional orders constitute political communities - and international orders deriving from them - by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers - for the first time - a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

In this collection, practitioners from EU institutions and academics provide unique insight into EU practice in EU external relations and institutional law.

Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. Arguing is almost as ubiquitous in international affairs, yet it is not viewed as an important element of world order. In The Power of Deliberation: International Law, Politics and Organizations, Ian Johnstone challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system. Johnstone focuses on legal argumentation and asks why, if the rhetoric of law is inconsequential, governments and other international actors bother engaging in it.
Johnstone joins the efforts of international relations scholars and democracy theorists who consider why argumentation occurs beyond nation states. He focuses on deliberation in and around international organizations, drawing on various strands of legal, political and international relations theory to identify common features of legal argumentation and deliberative politics. Johnstone's central claim is that international organizations are places where "interpretive communities" coalesce, and the quality of the deliberations these communities provoke is a measure of the legitimacy of the organization.

The books deals with the questions that really matter for green finance: Where will the money to finance the transition to a low carbon environment come from, how far do the banks' balance sheets stretch and where will the rest of the money come from? How much can we rely on the capital markets, especially in the EU, to get money to the parts of the economy which really need it, without greenwashing? How do governments organize not just a transition, but a just transition to a low carbon environment? Is it time to revisit received ideas about the proper role for central banks?