This book presents an integrated jurisprudential critique of neoclassical microeconomic theory. It explains what is 'really wrong' with the theory both descriptively, as well as normatively. The criticism presented is based on questions of jurisprudence, and on neoclassical theory's sins of omission and commission concerning the underlying system of property and contract. On the positive side - while the presentation is almost entirely non-mathematical - the book contains the first mathematical treatment of the fundamental theorem about property and contract in jurisprudence that underlies a market economy. The book follows the tradition of John Stuart Mill as the last major political economist who considered the study of property rights as an integral part of economic theory. The conceptual criticisms presented in this book focus on the descriptive and normative misconceptions about property and contracts that are deeply embedded ideology in neoclassical economics, not to mention in the broader society. The book recognizes that the idealized microeconomic theory is not descriptive of reality and focuses its criticism on conceptual mistakes in the theory, which are even clearer due to the idealized nature of the theory. Therefore, the book is a must-read for scholars, researchers, and students interested in a better understanding of jurisprudence in economics, neoclassical microeconomic theory, and political economy in general.

The West's cherished dream of social harmony by numbers is today disrupting all our familiar legal frameworks - the state, democracy and law itself. Its scientistic vision shaped both Taylorism and Soviet Planning, and today, with 'globalisation', it is flourishing in the form of governance by numbers. Shunning the goal of governing by just laws, and empowered by the information and communication technologies, governance champions a new normative ideal of attaining measurable objectives. Programmes supplant legislation, and governance displaces government. However, management by objectives revives forms of law typical of economic vassalage. When a person is no longer protected by a law applying equally to all, the only solution is to pledge allegiance to someone stronger than oneself. Rule by law had already secured the principle of impersonal power, but in taking this principle to extremes, governance by numbers has paradoxically spawned a world ruled by ties of allegiance.

"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 critically examines the extension of EU environmental legislation beyond EU borders through measures that determine access to the single market on the basis of processes that take place in third countries. It makes a timely contribution to political debates about the relations between EU and non-EU countries, and the Union's role in the global governance of environmental policy, where it has been considered a global leader. The book aims to identify and explain the emerging legal phenomenon of internal environmental measures with extraterritorial implications as an important manifestation of EU global regulatory power, and assesses the extraterritorial reach of EU environmental law from a legitimacy perspective. It examines mechanisms that can bolster its legitimacy, focusing on the legal orders of the EU and the World Trade Organization, which are key legal fora for controlling the EU's global regulatory power.

The Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing upon law, economics and, at times, political science, to present relevant research strands in a clear and multifaceted way. Its comprehensive mix of theoretical analysis and experiences from existing trading systems offers insights that can be applied around the world. The expert contributors bring together views from different disciplinary and geographic perspectives. This multifaceted examination of economic and legal origins, implementation problems and the emerging international aspect of emissions trading identifies key bodies of research for both upcoming and seasoned academics in the field and highlights future research opportunities. Its broad and accessible approach touches on climate law, environmental law and environmental governance. This Research Handbook will appeal strongly to academics and postgraduate students, as well as providing valuable insights for regulators, government officials and practitioners who are involved in emissions trading. Contributors include: H. Chen, D.H. Cole, C. de Perthuis, A.F. Gubina, F. Gulli, B. Hinterman, K. Holzer, C. Kettner, E. Kosolapova, A. Nentjes, K. Nield, M. Peeters, R. Pereira, K.S. Rogge, R. Trotignon, A. Tuerk, J. van Zeben

'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.' - Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.' - Thomas J. Schoenbaum, George Washington University Law School, US Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In the Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book cov'This book, examining the issues, challenges and directions in water regulation, is very timely. . . (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.' - Fernando Dias Simoes, European Yearbook of International Economic Law 2018 'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.' - Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy 'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.' - Thomas J. Schoenbaum, George Washington University Law School, US 'This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The authors are reputed scholars from diverse disciplines, representing a wide range of countries in terms of geography and economic status.' - Alan Randall, The Ohio State University, US and University of Sydney, Australia 'There is no greater challenge in the 21st century than meeting the demand for water amid global climate change. Rapid urbanization, a growing global population projected to hit nine billion in the coming decades, combined with rising demands for water intensive agri-foods, is creating enormous stresses on global water resources. This volume brings together an outstanding collection of global experts to examine the regulatory challenges of water management, addressing topics as diverse as regulating trade in water, global institutions and water conservation, cross border investment in water utilities, as well as ethical, social and legal issues associated with equity and access to water. The volume represents an original and immensely valuable collection of papers for anyone concerned with the future of this most essential resource.' - Darryl Jarvis, Hong Kong Institute of Education 'Pollution, population growth, climate change and regional imbalances make water management a central challenge for governments. New problems about water have arisen, which include inefficient sanitation services, the depletion of groundwater, unstable water supply networks and the use of water carriers. This excellent edited collection brings us a fresh and broad understanding on the future of water regulation from trade, investment, sustainable development, human rights and economics perspectives. This book is highly recommended for anyone interested in international rule-making and regulatory development for public goods in the era of globalization.' - Tsai-yu Lin, National Taiwan University 'Overall, this edited volume has certainly succeeded in analysing a highly technical topic from a wide variety of disciplines and in an array of jurisdictions. Its interdisciplinary nature, together with its consistency and clarity, makes it a welcome and timely addition to the literature. It constitutes a useful reference for both academics and practitioners who seek guidance in the intricate and vitally important realm of water regulation.' - Chinese Journal of Environmental Law ers all of the primary actors in the actors of the water world, including governments, companies, international organizations, and citizens. With an original introduction by the editor and bringing a diverse collection of perspectives into a single collection, the book will be an essential resource for scholars and practitioners in legal and policy fields such as trade and investment, human rights and the environment as well as in international relations. Contributors include: M. Ahmad, T. Ancev, S. Azad, A.P. Barcellos, R. Bates, D. Chakraborty, C. Emeziem, S. Hamamoto, F. Hernandez-Sancho, M. Hirano, J. Lassa, P. Mahadevan, T. McDonnell, S. Mukherjee, S.A. Shah, V.J.M. Tassin, C. Titi, P. Turrini

This seven-chapter book examines the background to and consequences of the disputed occupation of Mischief Reef in the Spratly Islands group of the South China Sea (SCS) by the People's Republic of China (PRC), from the mid-1990s to the present day. Although Mischief Reef has received significant media attention and has been discussed in academic journal articles and policy research reports, no books on the topic have appeared since a 30-page publication in 1996. By covering the topic in historical, domestic political, legal, economic, strategic, and geo-political terms, this book not only fills a gap on a particularly important issue with global consequences, but also acts as a follow-on to a previous Palgrave book by this author on another maritime dispute, Socotra Rock. This book will be of interest to journalists, scholars and legal theorists researching the implications of China's rise for maritime disputes in East Asia.

Whaling Diplomacy is the only book that addresses all of the substantive issues relating to the conservation of whales through the International Whaling Commission (IWC). It covers the law, policy, science and philosophy at the heart of each element of the debate, discussing how it has developed, the current problems that beset it and what is necessary for the future. Together, all of the issues involved in whaling form a single crucible through which the future of conservation in international environmental law is being debated. The intensity of this debate, despite being at the forefront of international environmental problems for over three decades has not dissipated, as ultimately, the clash of values, science and law within whaling diplomacy is one of the key front lines for international conservation in the 21st century. Studying the contemporary developments in international environmental law and policy, this book therefore is not just about whales, but also how related debates are being reflected in other forums. Students of law, politics, environmental economics and philosophy will find this book of great value for it's cutting-edge relevance over the three disciplines. Policymakers will also find it of interest for the insight into one of the most controversial conservation debates of our time.

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.

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.