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This book adopts a transnational methodology to reflect on the
legalisation of international economic relations. A Liber Amicorum
for Professor Francis Snyder, it outlines the ways in which legal
scholarship has taken his legacy further in relation to the concept
of transnational law, the ‘law in context’ method, and the
evolution of sustainability law. The lens is both theoretical and
practical, delving into international investment law,
financial/monetary law, free trade agreements, indigenous rights,
and food law, and covering case studies from EU law, WTO law,
American law, Chinese law, and Indonesian law. The chapters explore
how Snyder’s ideas have advanced legal research and determined
change in regulation, impacting trade relationships worldwide. Part
I of the book gives an overview of the actors, the norms, and the
processes of transnational economic law, discussing sites of
governance, legal pluralism, and soft law. Part II takes stock of
the ‘law in context’ research method, looking not only at the
way in which it can be refined and used by academics, but also at
the practical implications of such a method to improve regulatory
settings and promote social and policy goals (including the
emerging generation of FTAs, such as TPP, TTIP, and RCEP). Part III
focuses on sustainability law, assessing Francis Snyder’s
contribution to systemic changes and reforms in China and the Asia
Pacific region. The book is a must have for any academic or
practitioner interested in an up-to-date account of the recent
developments in transnational trade law research.
This volume analyses, for the first time in European studies, the
impact that non-legally binding material (otherwise known as soft
law) has on national courts and administration. The study is
founded on empirical work undertaken by the European Network of
Soft Law Research (SoLaR), across ten EU Member States, in
competition policy, financial regulation, environmental protection
and social policy. The book demonstrates that soft law is taken
into consideration at the national level and it clarifies the
extent to which soft law can have legal and practical effects for
individuals and national authorities. The national case studies
highlight the points of convergence or divergence in the way in
which judges and administrators approach soft law, while reflecting
on the reasons for and consequences of various national practices.
A series of horizontal studies connect this research to the rich
literature on new modes of governance, by revisiting traditional
theories on soft law, and by reflecting on the potential of such
instruments to undermine or to foster rule of law values.
Known under the generic term of soft law, instruments that are not
legally binding but can produce legal and practical effects are
proliferating in European competition and State aid law. This soft
law has been taken into account by the EU Courts at an increasing
rate over the years, to the point where such instruments were
recognized as regulatory instruments in their own right. The Courts
have required Member States to comply with soft law, and demanded
that national courts take soft law into consideration when deciding
on cases. The courts have even annulled Commission decisions for
failure to comply with soft law.
This volume analyses, for the first time in European studies, the
impact that non-legally binding material (otherwise known as soft
law) has on national courts and administration. The study is
founded on empirical work undertaken by the European Network of
Soft Law Research (SoLaR), across ten EU Member States, in
competition policy, financial regulation, environmental protection
and social policy. The book demonstrates that soft law is taken
into consideration at the national level and it clarifies the
extent to which soft law can have legal and practical effects for
individuals and national authorities. The national case studies
highlight the points of convergence or divergence in the way in
which judges and administrators approach soft law, while reflecting
on the reasons for and consequences of various national practices.
A series of horizontal studies connect this research to the rich
literature on new modes of governance, by revisiting traditional
theories on soft law, and by reflecting on the potential of such
instruments to undermine or to foster rule of law values.
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