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This book consists of interrelated essays by many past and present
members of the EUI Law Department. The contributors are all
well-known specialists in their fields, whose essays address such
issues as the effects of integration upon certain national laws,
the elaboration of EU law to provide a new framework for or
replacement for national laws, the piece-meal development of
specific legal strands of EU law and their intertwining with
national or international laws, and the indirect and sometimes
unintended consequences of European integration with regard to
national, EU, or international law.
The book marks and illustrates the significant contribution of
the European University. Institute Law Department to contemporary
legal scholarship. It is intended to indicate the kind of legal
research which has been done and which is being done today at the
EUI. It also aims to make more widely known the themes, approaches,
and methods pioneered in the EUI Law Department, including its
European and international focus, its comparative approach, and its
generally contextual method.
The processes of legal and economic integration at a regional and
global scale have created powerful legal and economic dilemmas.
They challenge the paradigms of constitutionalism,including the
State's monopoly of constitutionalism, the autonomy of national
political communities and the traditional forms of participation
and representation. The phenomena of globalisation and regional
forms of governance have promoted the inter-dependence of national
political communities and destroyed the artificial boundaries upon
which national constitutional democracies are found and from which
they derive their legitimacy. Furthermore, it is inevitable that
the development of international trade and economic integration
will raise claims for some form of global distributive justice to
complement the wealth maximisation arising from free trade. This
will come from the gradual development of global forms of political
discourse and law-making, challenging State constitutionalism and
requiring some of the instruments and theories of
constitutionalism. The essays in this collection, written by
leading scholars in international trade law, argue the pros and
cons of greater regional and global regulation. They conclude that
whatever the final framework for international trade, the critical
decisions about institutional form and content will be decided in
an emerging global political arena. They help to identify this
political arena, who governs it, and according to which rules, and
identify the different institutional alternatives in that global
political arena.
This book consists of a series of integrated studies of sites of
governance, global legal pluralism and the regulation of
international trade. It focuses on the EU, the WTO and China and is
divided into three parts. Part one surveys the literature on law
and globalisation and introduces the theory of sites of governance
and the concept of global legal pluralism. It shows that each site
of governance has a structural dimension consisting of
institutions, norms and dispute resolution processes and a
relational dimension which refers to relations between that site
and other sites of governance. The totality of sites of governance
constitute a new form of global legal pluralism. Part two then
focuses on the EU, the WTO and China as three distinct but
interrelated sites of governance. Concentrating in particular on
the example of antidumping the chapters in this part deal with
international legislation, the translation of rules in domestic
law, the judicial construction of multi-site governance, the types
of rules which are used to regulate international trade and
relations between sites, the ways in which relations between sites
can create new concepts of international trade law, the
transformation of norms from soft law to hard law, and the role of
strategic actors, notably national administrations and
international companies, in the creation and regulation of
contested markets in international trade. Part three develops the
main themes further by analysing two specific instances of
international trade regulation: the governance of global economic
networks, and the governance of global institutions. The final
chapter considers ways in which global legal pluralism can enrich
and possibly reform the WTO, today the predominant institution in
the regulation of international trade, including trade between the
EU and China.
Additional Contributor Is Melvin L. Fowler.
This book is a comprehensive reference book and commentary on basic
documents about relations between the EU and the People's Republic
of China from 1949 to the present. It contains all significant
official and unofficial documents in English and Chinese about
EU-China relations since the founding of the PRC in 1949. Since the
opening-up of China in 1979, and especially after the establishment
of the EU in 1992, relations between the EU and China have
developed apace. Today the EU and China are 'strategic partners',
with a very broad-based relationship, extending far beyond trade to
encompass a growing number of important economic, political, social
and cultural domains. The relationship is certain to gain in
importance with increasing globalisation, EU expansion, Chinese
membership of the World Trade Organisation (WTO), the renewal and
development of China, and changes in the international trading
system and international politics. This book provides an
indispensable foundation for teaching, research, policy-making and
advising on EU-China relations. It includes both documents
originally published in English and English translations of
documents previously available only in Chinese, French or
Portuguese. Essential to every library, it will also be required
reading for students, teachers, researchers, policy-makers, legal
practitioners and government officials in the EU, China, the United
States and elsewhere.
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