This chapter assesses international banking supervision. The solution to the issues in international banking has been the development of procedures that seek to encourage coordination or cooperation between national supervisors. This has been facilitated by the creation of international organisations that have allowed large numbers of countries to discuss, agree, and promote not only supervisory standards, but also regulatory rules. Together, these organisations constitute the international financial architecture that seeks to ensure financial stability by addressing a number of different issues. Two of the key bodies in international banking regulation include the Basel Committee on Banking Supervision (BCBS) and the Financial Stability Board (FSB). Ultimately, the proliferation of international banking in recent decades, and the need to ensure that banking supervision takes place on a consolidated basis, has led to calls for the creation of a single global regulator.
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Chapter
Iris Chiu and Joanna Wilson
Chapter
International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.
Chapter
International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.
Book
Jonathan Hill and Máire Ní Shúilleabháin
Clarkson & Hill's Conflict of Laws, now in its fifth edition, provides a clear and up-to-date account of private international law topics. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented, offering clarity on complex points and terminology. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the chapters provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law.
Book
Alan Boyle and Catherine Redgwell
Birnie, Boyle, and Redgwell's International Law and the Environment places legislation on the protection of the environment firmly at the core of its argument. It uses sharp and thorough analysis of the law, sharing knowledge and experience. The chapters provide a unique perspective on the implications of international regulation, promoting a wide understanding of the pertinent issues impacting upon the law. The text starts by looking at international law and the environment. It looks at the rights and obligations of states concerning the protection of the environment. The text also considers interstate enforcement which includes state responsibility, compliance, and dispute settlement. It moves on to consider non-state actors such as environmental rights, liability, and crimes. Climate change and atmospheric pollution are given some consideration. The text also examines the law of the sea and protection of the marine environment. Conservation is dealt with in detail, including the conservation of nature, ecosystems, and biodiversity and marine living resources. Finally, the text looks at international trade.
Chapter
This chapter argues that the conservation of marine living resources presents complex problems of regulation and management. The oceans represent the least understood ecosystem on this earth and this makes the conservation of marine life and resources, and the regulation of such, very difficult and complicated. The chapter gives an overview of the law as it stands. International law on conservation and sustainable use of marine living resources has developed very slowly thus far. Effective regimes for conservation of marine living resources have to address not only sustainable use of targeted stocks, but also incidental catch of other species, conservation of biological diversity, and protection of the marine ecosystems which provide the main habitat for fish stocks and other species. The chapter concludes that developing a legal regime that provides for sustainable use and conservation of the ocean’s living resources and biological diversity within the framework of the general law of the sea will continue to remain problematic.
Chapter
This chapter assesses the relationship between international law and municipal law. Though international law deals primarily with inter-State relations, and municipal law addresses relationships between individuals or between individuals and the State, there are many overlapping issues on which both international and national regulation are necessary, such as the environment, trade, and human rights. Though the international legal order asserts its primacy over municipal legislation, it leaves to domestic constitutions the question of how international legal rules should be applied or enforced in municipal orders. Two conflicting doctrines define the relationship between international and municipal legal orders: dualism and monism. Dualism is usually understood as emphasizing the autonomy and distinct nature of municipal legal orders, in which the State is sovereign and supreme. Meanwhile, theories of monism conceive the relationship between international and municipal legal orders as more coherent and in fact unified, their validity deriving from one common source.
Chapter
This chapter assesses the relationship between international law and municipal law. Though international law deals primarily with inter-State relations, and municipal law addresses relationships between individuals or between individuals and the State, there are many overlapping issues on which both international and national regulation are necessary, such as the environment, trade, and human rights. Though the international legal order asserts its primacy over municipal legislation, it leaves to domestic constitutions the question of how international legal rules should be applied or enforced in municipal orders. Two conflicting doctrines define the relationship between international and municipal legal orders: dualism and monism. Dualism is usually understood as emphasizing the autonomy and distinct nature of municipal legal orders, in which the State is sovereign and supreme. Meanwhile, theories of monism conceive the relationship between international and municipal legal orders as more coherent and in fact unified, their validity deriving from one common source.
Chapter
6. European Law II
Nature—Primacy/Pre-emption
This chapter begins with an analysis of the primacy doctrine. There are two perspectives on the primacy question. According to the European perspective, all Union law prevails over all national law. This ‘absolute’ view is not shared by all the Member States. Indeed, according to their national perspective(s), the primacy of European law is relative: some national law is considered to be beyond the primacy of European law. The chapter then moves to the doctrine of pre-emption. This concept discusses to what extent European law ‘displaces’ national law; or how much legislative space European law still leaves to the Member States. The Union legislator is generally free to choose to what extent it wishes to pre-empt national law within a certain area. However, there are two possible constitutional limits to this freedom. First, the type of instrument used—regulation, directive, or international agreement—might limit the pre-emptive effect of Union law. And, second, the type of competence on which the Union act is based might also determine the capacity of the Union legislator to pre-empt the Member States.
Chapter
5. European Law I
Nature—Direct Effect
This chapter assesses the doctrine of direct effect across the various sources of European law, starting with the direct effect of the European Treaties. The EU Treaties, as primary law, also envisage the adoption of European secondary law. This secondary law may take various forms. These forms are constitutionally defined in Article 288 TFEU, which sets out the Union's legal instruments. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. While regulations and decisions were considered Union acts that directly establish legal norms, directives appeared to be designed as indirect forms of legislation. Sadly, Article 288 TFEU is incomplete, for it only mentions the Union's internal instruments. A fourth binding instrument indeed needs to be ‘read into’ the list: international agreements. Union agreements are not only binding upon the institutions of the Union, but also ‘on its Member States’. The chapter then analyses the doctrine of direct effects for international agreements.
Chapter
6. European Law II
Nature—Primacy/Pre-emption
This chapter begins with an analysis of the primacy doctrine. There are two perspectives on the primacy question. According to the European perspective, all Union law prevails over all national law. This ‘absolute’ view is not shared by all the Member States. Indeed, according to their national perspective(s), the primacy of European law is relative: some national law is considered to be beyond the primacy of European law. The chapter then moves to the doctrine of pre-emption. This concept discusses to what extent European law ‘displaces’ national law; or how much legislative space European law still leaves to the Member States. The Union legislator is generally free to choose to what extent it wishes to pre-empt national law within a certain area. However, there are two possible constitutional limits to this freedom. First, the type of instrument used—regulation, directive, or international agreement—might limit the pre-emptive effect of Union law. And, second, the type of competence on which the Union act is based might also determine the capacity of the Union legislator to pre-empt the Member States.
Chapter
E-commerce is the retail phenomenon of the twenty first century and also – although it attracts less publicity - constitutes the medium within which many commercial transactions take place. This chapter will examine legislative initiatives in the United Kingdom and European Union that are designed to address some of the legal issues and problems that arise from on-line transactions. The main goal is to promote e-commerce both by means of conferring rights on consumers – as epitomised in the Distance Selling Directive that gives rights to inspect and return goods ordered on line- and give some businesses engaged in the sector a degree of immunity from some forms of legal liability. Key here is the notion of an “information society service” and provider as specified in the E-Commerce Directive. A further issue that arises in many e-commerce transactions is that consumers are able to contract with a supplier located in a different jurisdiction. Booking hotel accommodation is a frequently used example. Questions need to be resolved in this case which legal system and which courts will govern the transaction.
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This chapter discusses the international and European aspects of trade marks. Trade mark law is based on the Paris Convention and the TRIPS Agreement, with the Madrid system offering an international registration system. Inside the EU, one can also register a single trade mark for the whole of the Community by means of the Community Trade Mark Regulation. Trade mark law also has a substantial interaction with the Treaty provisions on the free movement of goods, but minimal conflict with competition law.
Book
Stuart Bell, Donald McGillivray, Ole Pedersen, Emma Lees, and Elen Stokes
Trusted by generations of students and academics alike, Environmental Law continues to provide, in its ninth edition, broad and comprehensive coverage of the key topics taught on most environmental law courses, explaining the subject in its social and political context, and considering both UK, EU, and international perspectives. Known for its clear structure and systematic approach, the book considers topics by theme and by sector, allowing more experienced readers to explore the intricacies of the subject while also providing a logical introduction for those new to environmental law or without a legal background. A clear and easy-to-understand writing style helps ensure readers are informed yet not overwhelmed, while useful diagrams and tables help to explain complex points. The new edition also features case studies, information boxes, and self-test questions to help draw out key points and consolidate your learning in preparation for assessments and further research. New to this edition are: discussions of the potential impact of Brexit on UK environmental law; an additional chapter discussing the regulation of new technologies, such as ‘fracking’; coverage of important cases such as Coventry v. Lawrence on nuisance, Walton, Champion, and the HS2 decision on environmental assessment, the ClientEarth air pollution litigation and the ICJ’s decision in Costa Rica v. Nicaragua; analysis of the Paris Agreement and other recent climate change developments; analysis of the new EIA Directive; discussion on the new sentencing guidelines; and enhanced coverage of the latest developments in respect to costs of litigation and the role of courts, the Aarhus Convention, and environmental rights.
Chapter
5. European Law I
Nature—Direct Effect
This chapter assesses the doctrine of direct effect across the various sources of European law, starting with the direct effect of the European Treaties. The EU Treaties, as primary law, also envisage the adoption of European secondary law. This secondary law may take various forms. These forms are constitutionally defined in Article 288 TFEU, which sets out the Union’s legal instruments. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. While regulations and decisions were considered Union acts that directly establish legal norms, directives appeared to be designed as indirect forms of legislation. Sadly, Article 288 TFEU is incomplete, for it only mentions the Union’s internal instruments. A fourth binding instrument indeed needs to be ‘read into’ the list: international agreements. Union agreements are not only binding upon the institutions of the Union, but also ‘on its Member States’. The chapter then analyses the doctrine of direct effects for international agreements.
Chapter
Meghna Abraham
The COVID-19 pandemic has exposed the difficulties that states face when responding to public health emergencies. This chapter explores obligations under human rights law and health law treaties to prepare and prevent pandemics and the reasons that states have failed to meet these obligations. Next, it considers the challenges of responding to a pandemic and the difficulties of striking an appropriate balance between protection of life and health and enjoyment of other rights. Finally, the scope of the obligation to provide international assistance in the form of vaccines and other medical resources is discussed.
Chapter
Jonathan Hill
This chapter deals with contract disputes which have foreign elements that come before the English court: one or both of the parties may be foreign; the making or performance of the contract may be connected with a number of foreign countries. In this type of case which law is the court to apply? The general principle is that every international contract has a governing law — known at common law as the ‘proper law’and under EU law as the ‘applicable law’. Subject to certain limitations, parties to a contract are free to choose the applicable law; if the parties fail to make a choice, the governing law is, as a general rule, the law of the country with which the contract is most closely connected. The remainder of the chapter focuses on the Rome I Regulation, including its scope and interpretation; determining the applicable law; the limits of the applicable law; articles 5 to 8; and choice of law aspects of various contractual issues.
Book
Alison Jones, Brenda Sufrin, and Niamh Dunne
EU Competition Law: Text, Cases, and Materials provides a complete guide to European competition law in a single authoritative volume. Carefully selected extracts from key cases, academic articles, and statutory materials are accompanied by in-depth author commentary from three experienced academics in the field. Thorough footnoting and referencing give a tour of the available literature, making this an ideal text and stand-alone resource for undergraduate and postgraduate students, as well as for competition law scholars engaged in specialized study. This seventh edition has been fully updated with detailed coverage and commentary on recent developments. These include the EU Courts’ judgments on Articles 101, 102 and 106 including Intel; cases on the Commission’s enforcement powers and judicial review; new legislation and guidelines on technology transfer; the revised de minimis notice; Commission actions in the digital economy, including the Google case; the directive on damages; and thorough discussion of ongoing developments in competition law such as the Commission's enforcement policy against cartels, the appraisal of mergers, the use of commitments decisions and the compatibility of EU competition procedures with human rights provisions.
Chapter
This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.
Book
Brenda Sufrin, Niamh Dunne, and Alison Jones
EU Competition Law: Text, Cases, and Materials provides a complete guide to European competition law in a single authoritative volume. Carefully selected extracts from key cases, academic articles, and statutory materials are accompanied by in-depth author commentary from three experienced academics in the field. Thorough footnoting and referencing give a tour of the available literature, making this an ideal text and stand-alone resource for undergraduate and postgraduate students, as well as for competition law scholars engaged in specialised study. This eighth edition has been fully updated with detailed coverage and commentary on recent developments. These include contemporary concerns about the objectives, interpretation, and application of competition law in the light of sustainability imperatives including the EU’s Green Deal, worldwide economic and political upheaval stemming in particular from the Covid-19 pandemic and the war in Ukraine, and continuing developments in the digital economy; the EU Courts’ judgments on Articles 101, 102, and mergers including Intel (RENV), Google and Alphabet, Google (Android), Slovak Telekom, Generics, Lundbeck, and CK Telecoms; cases on the Commission’s enforcement powers and judicial review, including Sped-Pro and Slovak Telekom; new legislation, guidelines, and notices (in final form or draft) on vertical agreements, horizontal agreements, and market definition; Commission actions in the pharmaceutical, energy, and financial sectors, including interaction with regulatory rules, liberalisation programmes, and intellectual property law; private litigation in the wake of the directive on damages, including the Court’s judgments in Sumal and Paccar; and thorough discussion of ongoing developments in competition law such as the Commission’s enforcement policy against cartels, the appraisal of mergers, the use of commitments decisions, the use of comfort letters during Covid-19 and the Commission’s revised notice on informal guidance, and the increasing activity by national competition authorities. The eighth edition contains an entirely new chapter on the digital economy, including detailed coverage of the Digital Markets Act.
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