Sezione Diritto e Società

The Politics of Sport:

Community, Mobility, Identity

 

Paul Gilchrist, Russell Holden

 

 

 

Sport is an essential part of community structure, membership and identity. Whether on the field of play, in stadia, or on the streets, sport has consistently brought together disparate individuals to share culture, values and memories. Nowadays these relationships are being rewritten through the effects of global socio-economic practices, the interventions of government, the impact of cultural imperialism and, at the local level, through the actions of individuals and new constituencies that are emerging in response. Furthermore, this generates discourse on matters of regional and national identity.

This themed issue presents a range of essays that examine the relationship between sport and society through the conceptual lenses of community, mobility and identity. Drawing upon insights from contemporary history and current political phenomena from leading academic specialists in the field, the issue addresses cross-cutting themes such as loyalty and allegiance, migration and integration, identity and collective memory, and the politics of resistance and change, which will be of interest to the political scientist, the contemporary historian and sport scholar alike.

This book was previously published as a special edition of the journal Sport in Society.

 

Sezione Diritto Privato Generale

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Circolazione del denaro e strumenti di tutela
Autore Caggiano Ilaria Amelia

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Accountability in the European Union

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Carol Harlow - Oxford University Press, 2002 - Language Arts & Disciplines 

This important new book approaches the issue of democratic deficit from the angle of accountability, today seen as an essential element of democratic government. It looks at differing understandings of the concept in the EU Member States and at various techniques - political, legal, and managerial - by which accountability can be assured. These include the EU Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors

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Admission to the United Nations: Charter Article 4 and the Rise of Universal Organization

Thomas D. Grant - Martinus Nijhoff Publishers, 2009                                        Anteprima del libro

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The United Nations began as an alliance during World War II. Eventually, however, the UN came to approximate a universal organization - i.e., open to and aspiring to include all States. This presents a legal question, for Article 4 of the Charter contains substantive criteria to limit admission of States to the UN and no formal amendment has touched that part of the Charter. This book gives an up-to-date account of admission to the UN, from the 1950s logjam through on-going controversies like Kosovo and Taiwan. With reference to Charter law, the book considers how Article 4 came to accommodate universality and what the future of a universal organization in a world of politically diverse States might be.

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The Rome Regulations: Commentary on the European Rules on the Conflict of Laws

Gralf-Peter Calliess - Kluwer Law International, 2011                                          

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The year 2009 marks a revolution in European conflict of laws. The so-called

Rome I and II Regulations, both entering into force this year, will bind the

Member States of the European Union to a common set of rules for the choice of

law in international private law disputes. They apply to both contractual and

non-contractual disputes, their reach even extends to the application of

non-Member State law. This poses great challenges to Courts and practitioners

in every EU Member State, as there is only little case-law and doctrinal

literature on the new rules, the uniform application of which will be overseen

by the European Court of Justice. The Commentary answers to these challenges.

It is an indispensable companion for both academics and legal professionals

seeking their way through the Regulations. Renowned conflict of laws scholars

comment every provision of the Regulations in a systematic, thorough and

comprehensive manner, making them accessible to a broad international legal

audience.

Mirroring the German tradition of scholarly commentaries on Parliamentary

Acts, the authors are selected from the distinguished group of relatively

young German private international law scholars, whose exceptionally high

qualifications are represented by their passing through the German

“Habilitation“-system (second book requirement) as well as their proven

ability to publish in the English language .

The editor Gralf-Peter Calliess holds the chair for Private Law, Private

International Law and International Commercial Law at the faculty of Law of

the University of Bremen.
The authors: Professor Dr. Dietmar Baetge, University of Hamburg
Assistant Professor Dr. Frank Bauer, University of Munich
Professor Dr. Benedikt Buchner, LL.M. (UCLA), University of Bremen
Professor Dr. Martin Franzen, University of Munich
Professor Dr. Martin Gebauer, University of Heidelberg
Professor Dr. Urs Peter Gruber, University of Halle
Professor Dr. Axel Halfmeier, Frankfurt School of Finance
Professor Dr. Jan von Hein, University of Trier
Professor Dr. Lars Klöhn, LL.M. (Harvard), University of Marburg
Assistant Professor Dr. Leander D. Loacker, University of Zurich
Research Associate Moritz Renner, University of Bremen
Assistant Professor Dr. Florian Roedl, University of Bremen
Professor Dr. Boris Schinkels, LL.M. (Cambridge), University of Greifswald
Professor Dr. Goetz Schulze, University of Lausanne

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Criminal Law and Policy in the European Union

Samuli Miettinen - Routledge, 2012                                                                             Anteprima del libro

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"A literal construction of the EC and EU Treaties suggests that their framers intended to limit the positive competences of both the Community and the Union in the field of criminal law. However, the European Court of Justice has consistently applied tests of necessity and effectiveness to develop the Community's catalogue of legislative competences and the interpretation of Community law, culminating in decisions which accord to the Community a limited criminal competence where this is deemed necessary for the effectiveness of other policy aims. This book takes stock of the development of criminal law in the context of the European Community and the European Union, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects. The work reflects on the interaction between the law of the European Community and national criminal law since the signing of the Treaty of Rome and proceed to consider the prospects of criminal law enacted at the European level against this framework of historical development. The book will review the supremacy of Community law over conflicting national criminal law, the past legislative practice of harmonised 'administrative' penalties and their impact on national legal systems, the ramifications of the Greek Maize decision, the development of relevant Community principles of fundamental rights, and the 2005 decisions on implied criminal competence and sympathetic interpretation. In the light of these developments and the judgment of the Court of Justice in the Ship-Source Pollution case, the work will explore whether there are fields in which the Community might enact directly applicable criminal penalties in the form of EC regulations. It will also examine related doctrinal concerns considered by the Court of Justice in its earlier case law on the interface between EC law and national criminal law. "

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The EU, the UN and Collective Security: Making Multilateralism Effective

Joachim Krause, Natalino Ronzitti - Routledge, 2012                                            Anteprima del libro

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This book examines the effectiveness of multilateralism in ensuring collective security and, in particular, the EU's role in this process.

In 1992, shortly after the end of the Cold War, a Security Council Summit in New York reaffirmed the salience of the system of collective security and stated the determination of the Heads of State to maintain it as the prime international instrument for preserving peace. Twenty years later, however, the record of collective security as well as of multilateralism has not been very encouraging. The system of collective security, as enshrined in the United Nations (UN) Charter, failed repeatedly to accomplish its mandate in the 1990s and has led to controversial debates in the United States and Europe that reached a climax during the Iraq crisis in 2002/03.

The volume draws upon both theoretical and empirical research to answer the following core questions:

• What are the reasons that have made multilateralism either effective or ineffective in the field of peacekeeping, peace preservation and peacebuilding?


• How can multilateralism be made more effective?


• How can attempts made by Europe to render UN multilateralism in the security area more efficient be assessed?

This book will be of much interest to students of peacebuilding/peacekeeping, EU policy, the UN, security studies and IR in general.

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Strasbourg in the Dock: Prisoner Voting, Human Rights and the Case for Democracy

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Dominic Raab - Civitas:Institute for the Study of Civil Society, 2011

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Financial Services, Financial Crisis and General European Contract Law: Failure and Challenges of Contracting

Stefan Grundmann, Yeşim M. Atamer - Kluwer Law International, 2011               Anteprima del libro

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Speculation is rife on the origins of the worldwide financial crisis of 2008,

with a preponderance focusing on alleged shortcomings in corporate governance.

This book offers a distinct yet complementary perspective: that the most

useful path to follow, if we want to understand what happened and forestall

its happening again, is through an analysis of contract relationships –

specifically, banking contracts entered into in the financial services sector,

considered under the rubric of contract law rather than company law.

Because banking is the area of European contract law which is most thoroughly

developed, banking contracts can be seen as paradigmatic of typical

assumptions and shortcomings often examined in the more general debate on

contract law. and indeed, the very thoroughness of European banking contract

law makes it a promising ground on which to build effective preventive

measures.

In this book thirteen noted scholars, recognizing that modern contract law

must take into account global markets and risks, consider banking contracts

within networks and within mass transactions. Always attending to the

long-term relationships that characterize financial services contracts, they

focus on such cross-sector issues as the following:

rule-setting and the question of who should best regulate and at which level;

networks of contracts as the backbone of a market economy;

the complex interplay between market regulation and traditional contract law;

avoiding erroneous assumptions about the future development of prices;

the passing on of the risk via securitization;

rating relationships affected by conflicts of interests;

remuneration problems;

core duties of information and advice in an agency relationship in services;

duciary duties of loyalty and care;

 types of clients and level of protection;

 differentiation in information available on various markets; and

 the question of enforcement.

The authors analyse the full body of second generation European Banking

Contract Law and show convincingly that the world financial crisis has

proceeded at least as much from contracting as from corporate governance. This

vantage point promises to open new ways to approach this most crucial of

contemporary problems, and will be of great interest to all professionals

examining the role played by financial services in market crises.

This book is based on the tenth annual conference of the Society of European

Contract Law (SECOLA) which took place in Istanbul in June 2010.

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Competition Law and Intellectual Property: The European Perspective

Giandonato Caggiano, Gabriella Muscolo, Marina Tavassi - Wolters Kluwer Law & Business, 2012 

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EU Constitutional Law: An Introduction

Allan Rosas, Lorna Armati - Hart Publishing Limited, 2012 

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This second revised edition textbook brings the story of the EU's constitutional journey up-to-date.The EU's Constitution, composed of a myriad of legal texts, case law, and practice, is a moving target, subject to continuous change. The past two years have seen no slowing in the pace of change. With a wider geographical range than ever, the EU faces unprecedented political, economic, and cultural challenges, all of which impact the evolution of its Constitution. Moreover, the crisis in the Eurozone and the sovereign debt crisis have given rise to the need for a wholly new chapter focussing on how these crises have necessitated further institutional reforms. The book succeeds, where others have struggled, to make sense of the EU's complex constitutional order, focusing on its essential features, but taking into account the profound changes which have taken place over the past 20 years. The EU has become much more than an internal economic market and has recently become active in areas such as immigration and third-country nationals, security and defense policy, and penal law and procedure, while the euro and sovereign debt crises have triggered an increasing focus on economic and fiscal policy. EU Constitutional Law: An Introduction underlines the essential values, principles, and objectives of the integration regime, as well as its basic normative structure and hierarchy. In this context, the decentralized nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights, and the rule of law. The book also confronts head-on the problems and challenges facing the EU and the gap which is often perceived between lofty ideals and harsh realities. It will be useful to students of EU law and European integration, but will also appeal to a broader audience of researchers and practitioners, including political scientists.

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European Competition Law: The Impact of the Commission's Guidance on Article 102

Lorenzo Federico Pace - Edward Elgar Publishing, 2011                                   Anteprima del libro

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This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission'sinvestigations, for example, the opened procedure against Google. Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (including France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.

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The EU Comitology System in Theory and Practice: Keeping an Eye on the Commission?

Jens Blom-Hansen - Palgrave Macmillan, 2011 

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EU law consists of several thousand acts of which the overwhelming majority are made by the Commission. The Commission is controlled by comitology, a system of committees of member state representatives that are consulted when new acts are proposed. This book looks at why the system was created, how it functions and how it has evolved.

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Soft law in Court: Competition Law, State Aid, and the Court of Justice of the European Union (European Monographs)

Stefan Oana - Kluwer Law international 2012                         

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Drawing on a data set of 696 documents competition and state aid judgments, orders and opinions of the European Courts, and Advocates General opinions referring to various soft law instruments this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several champion instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal hybrids ; the judicial review of soft law; the potential use of soft law as a sword or as a shield in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.

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Eu Ordre Public

Tim Corthaut - Wolters Kluwer Law & Business, 2012                                                 

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In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of

the European Union in a way that best gives meaning to the Treaties, the case

law of the Court of Justice, and the various underlying principles of

integration that have emerged over the decades. He focuses on instances, or

touchstones, in relation to which EU law seems to be building and integrating

an ordre public. Among these are the following: ;

private international law;

international trade law and arbitration;

public international law;

the ECHR and EctHR;

public policy exceptions to the four freedoms;

European citizenship;

competition law;

national and EU procedural law; and

protection of social and labour standards.

In-depth inquiry into questions which seem subject to very specific

limitations – such as when national or EU courts are under an obligation to

raise issues of EU law of their own motion, or norms from which private

parties may not deviate – captures the breadth of the EU ordre public, greatly

clarifying the concept and the variety of ways it operates. Seeking to

reconcile numerous strands and processes of EU law in a principled manner, the

book reveals a significant potential for a deeper constitutional framework

defining the EU ordre public and putting it into operation as a tool to help

ensure unity in diversity. It will be welcomed and read closely by jurists,

policymakers, and interested academics in Europe and wherever the matter of

European integration is studied.

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The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe

Giuseppe Martinico - Routledge, 2012                                                       Anteprima del libro

Despite the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union’s constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU’s constitutional developments.

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Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with natural systems. The book is soundly anchored in the theory and methodology of legal science and based on a deep knowledge of judicial practices. The author contends that Europe is still suffering from the failure of the Constitutional Treaty and is practicing the new institutional equilibrium afforded by the coming into force of the Reform Treaty. The book goes on to explore the methodological implications of such constitutional complexity for the study of EU law. The Tangled Complexity of the EU Constitutional Process will be of particular interest to academics and students in the disciplines of Law, International Relations and Political Science.

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EU External Relations Law and Policy in the Post-Lisbon Era

Paul James Cardwell - Springer, 2011                                                                          Anteprima del libro

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This is a collection of works which considers the many different facets of the EU 's increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the pillar structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of internal security.Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.

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The Development of International Law by the International Court

Hersch Lauterpacht - Cambridge University Press, 1982                                         Anteprima del libro

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Originally published in 1958, as a revised edition of The Development of International Law by the Permanent Court of International Justice (1934), this book received the Annual Award of the American Society of International Law in 1960. The achievement of the text is that, rather than attempting to provide a treatise on the organisation of international law, or a systematic digest of decisions made, it finds its basis in an appraisal of the international judicial process as a factor in the development of the law. From this position, ideas of great depth and subtlety are put forward regarding the nature of international justice and its possibilities. This is an important book that will be of value to anyone with an interest in its subject

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The European Union and Member State Territories: A New Legal Framework Under the EU Treaties

Fiona Murray - Springer, 2012                                                                            Anteprima del libro

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The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. A useful book for EU Law departments and research centres, EU think tanks, EU institutions libraries, Permanent Representatives to the EU and law firms specializing in EU law.

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Public Services and the European Union: Healthcare, Health Insurance and Education Services

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Laura Nistor - T.M.C. Asser Press, 2011 

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.