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The European Union Under Transnational Law: A Pluralist Appraisal

The European Union Under Transnational Law: A Pluralist Appraisal

Author: Matej Avbelj
Publisher: Hart Publishing
ISBN: 9781509911523

Published In: January 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509938254

List Price: HKD 1,105.00

HKD 1,071.85 Save HKD 33.15 (3%)

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Description
Contents

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For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law.

This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

1. The Emergence and Growth of Transnational Law

I. Reaching beyond the Exclusive Statist Focus in EU Law

II. The Concept of Transnational Law

III. The Challenges of Transnational Law

2. The Theory of Principled Legal Pluralism

I. A New Theory for a New Legal Polycentricity

II. From Pluralism to Legal Pluralism

III. The Theory of Principled Legal Pluralism

IV. The Advantages of a Theory of Principled Legal Pluralism

3. A Pluralist Conception of the EU

I. Introduction

II. The Many Conceptions of the EU