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Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU

Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU

Author: Nuno Cunha Rodrigues
Publisher: Springer International
ISBN: 9783030822934

Published In: October 2022
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9783030822903

S$319.18

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This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle.

The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services.

The twenty-one contributing authors are internationally respected experts on EU law.

Introduction

Nuno Cunha Rodrigues

EU Competition Law

Unilateral Application of Competition Laws to Transnational Business Transactions: The Development of the “Effects” Doctrine in the US and the EU

Peter Behrens

Extraterritoriality in EU Competition Law

Marek Martyniszyn

Extraterritoriality in Japanese Competition Law: Reaching Foreign Entities in the Face of Changing Global Norms

Masako Wakui

Extraterritorial Effects of EU Law on Gas Pipelines: The Case of Gazprom and Nord Stream 2

Ignacio Herrera Anchustegui, Nuno Cunha Rodrigues

Extraterritoriality of EU Competition Law and the Changing Face of Global Cartel Enforcement

Pieter J. F. Huizing

The Three Body Problem: Extraterritoriality, Comity and Cooperation in Competition Law

Pedro Caro de Sousa

The Extraterritoriality of European Competition Law Under a Brazilian Perspective

Daniel Favoretto Rocha

Foreign Investment and Internal Market

EU, China, and Technical Standards in the Belt and Road Initiative (BRI): Extraterritoriality or Transnational Governance?

Francis Snyder

Filling the Regulatory Gap to Address Foreign Subsidies: The EC’s Search for a Level Playing Field Within the Internal Market

Nuno Cunha Rodrigues

The Conclusion of Trade Agreements and the EU’s Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Considerations

Eva Kassoti, Ramses A. Wessel

Extraterritorial Effects of EU Financial Markets Laws

Johan Schweigl

Extraterritoriality and EU Standards in Investment Law: The Reform of the Energy Charter Treaty

Claas Friedrich Germelmann

EU Consumer Law

Adjusting National Consumer Protection Legislation in Georgia, Moldova and Ukraine to EU Standards: Practices, Experience and Challenges

Oksana Holovko-Havrysheva

EU Environmental Law

Extraterritoriality and the Impact of EU Regulatory Authority: Environmental Protection as Soft Power

Jamile Bergamaschine Mata Diz, Hélio Eduardo de Paiva Araújo

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