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The book provides both a legal and economic assessment of an
increasingly important issue for the EU: the question of whether
individuals can hold the European Union liable for damages they
suffer due to its infringement of international economic law.
However, liability regimes vary depending on the issue concerned.
In international trade law the individual holds a weak position,
being deprived of both legal remedies to seek annulment and
damages. This is due to the constant refusal of the direct effect
of WTO law. By contrast, international investment law has been
designed in an 'individualistic' manner from the outset - states
agree reciprocally to grant certain procedural and substantial
individual rights, which they invoke to claim damages before
international tribunals rather than domestic courts. The divergent
role of the individual in the respective area of international
economic law leads to a different set of research questions related
to liability. In international trade law, the doctrinal exercise of
de-coupling the notion of direct effect from liability is at the
core of establishing liability. In international investment law,
liability is connected to a number of issues emerging from the
recent transfer of competence pertaining to investment issues from
Member States to the EU and the nature of investment agreements as
mixed agreements. Against this backdrop, exploring liability issues
in the area of international economic law reveals a heterogeneous
set of questions depending on the area of law concerned, thus
offering different perspectives for studying liability issues.
This volume examines the overall legal situation concerning energy
grid expansion. Commentaries are included on NABEG Grid Expansion
Acceleration Act], EnLAG Energy Line Expansion Act] andEnWG German
Energy Industry Act]. Open publication
The European debt crisis has given new impetus to the debate on
economic policy coordination. In economic literature, the need for
coordination has long been denied based on the view that fiscal,
wage and monetary policy actors should work independently. However,
the high and persistent degree of macroeconomic disparity within
the EU and the absence of an optimum currency area has led to new
calls for examining policy coordination. This book adopts an
institutional perspective, exploring the incentives for
policymakers that result from coordination mechanisms in the fields
of fiscal, monetary and wage policy. Based on the concept of
externalities, the work examines cross-border spillovers (e.g.
induced by fiscal policy) and cross-policy spillovers (e.g. between
fiscal and monetary policies), illuminating how they have
empirically changed over time and how they have been addressed by
policymakers. Steinbach introduces a useful classification scheme
that distinguishes between vertical and horizontal coordination as
well as between cross-border and cross-policy coordination. The
author discusses farther-reaching forms of fiscal coordination
(e.g. debt limits, insolvency proceedings, Eurobonds) with special
attention to how principals of state organization affect their
viability. Federal states and Bundesstaaten differ in the
incentives they offer for debt accumulation - and thus in their
suitability for fiscal coordination. Steinbach finds that the
originally strict separation between policy areas has undergone
significant change during the debt crisis. Indeed, recent efforts
to coordinate policy are no longer limited to one policy area, but
now extend to several areas. Steinbach argues that further fiscal
policy coordination can be effectively deployed to address policy
externalities, but that the coordination mechanisms used must match
the form of state organization in the first place. Regarding wage
policies, there are significant barriers to coordination.
Notwithstanding some empirical successes in the implementation of a
productivity-oriented wage policy, the high heterogeneity of
national wage-setting institutions is likely to prevent any wage
coordination.
The book provides both a legal and economic assessment of an
increasingly important issue for the EU: the question of whether
individuals can hold the European Union liable for damages they
suffer due to its infringement of international economic law.
However, liability regimes vary depending on the issue concerned.
In international trade law the individual holds a weak position,
being deprived of both legal remedies to seek annulment and
damages. This is due to the constant refusal of the direct effect
of WTO law. By contrast, international investment law has been
designed in an 'individualistic' manner from the outset - states
agree reciprocally to grant certain procedural and substantial
individual rights, which they invoke to claim damages before
international tribunals rather than domestic courts. The divergent
role of the individual in the respective area of international
economic law leads to a different set of research questions related
to liability. In international trade law, the doctrinal exercise of
de-coupling the notion of direct effect from liability is at the
core of establishing liability. In international investment law,
liability is connected to a number of issues emerging from the
recent transfer of competence pertaining to investment issues from
Member States to the EU and the nature of investment agreements as
mixed agreements. Against this backdrop, exploring liability issues
in the area of international economic law reveals a heterogeneous
set of questions depending on the area of law concerned, thus
offering different perspectives for studying liability issues.
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