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The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Luca Rubini

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.001.0001
Subject:
Law, Public International Law, EU Law

This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the ... More


The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Steffen Hindelang

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.001.0001
Subject:
Law, EU Law

The book presents a coherent doctrinal construction of the EC Treaty provisions on free movement of capital in a third-country context with a focus on direct investment. The respective regime ... More


The Advocate General and EC Law

Noreen Burrows and Rosa Greaves

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.001.0001
Subject:
Law, EU Law

The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of ... More


The European Court of Justice and the Evolution of EU Law

Gráinne de Búrca

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0003
Subject:
Political Science, European Union

Considers the role that the European Court of Justice (ECJ) has played in the evolution of EU law, and places recent developments in the context of longer‐term trends in the jurisprudence of the ... More


Is a Constitutional Environmental Right Necessary? A European Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0006
Subject:
Political Science, Political Theory

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ... More


Exceptions to the Freedom Exclusively Applicable to Third Country Contexts

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0008
Subject:
Law, EU Law

This chapter addresses the exceptions that apply exclusively to third country direct investment, i.e., Article 57 (1) EC, Article 59 EC, and Article 60 EC. Article 57 (1) EC contains a grandfathering ... More


The Decline of Constitutional Exclusivity

Robert Schütze

in From Dual to Cooperative Federalism: The Changing Structure of European Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199238583
eISBN:
9780191716539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238583.003.03
Subject:
Law, EU Law

To what extent has European constitutionalism recognized mutually exclusive legal spheres? The question has two dimensions and this Chapter analyses them in two sections. Section I, investigates the ... More


Anti-Discrimination Law and the European Union

Mark Bell

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199244508
eISBN:
9780191697371
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244508.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women ... More


Preliminary references

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0004
Subject:
Law, EU Law, Environmental and Energy Law

This chapter examines the system of preliminary references with a view to determining its effectiveness for the purposes of environmental lawsuits. Preliminary references on the interpretation of ... More


Preparing the Foundation: Economic Rationale for the Liberalization of Capital Movements and the Art of Political Compromise

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0002
Subject:
Law, EU Law

The interpretation of any provision of the EC Treaty must be guided by its aims referred to in Article 2 EC. In order to prepare the foundation for a doctrinal analysis, this chapter starts off by ... More


The Influence of Competing Freedoms on the Scope of Application—Direct Investment between Free Movement of Capital and the Freedom of Establishment

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0004
Subject:
Law, EU Law

This chapter demonstrates that direct investment constitutes a classic cross-sectional activity falling, prima facie, within the ambit of free movement of capital and the freedom of establishment. ... More


Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

David T. Keeling

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It ... More


The scope of the Common Fisheries Policy

Robin R. Churchill and Daniel Owen

in The EC Common Fisheries Policy

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199275847
eISBN:
9780191706080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199275847.003.0002
Subject:
Law, EU Law, Environmental and Energy Law

This chapter addresses the scope of the Common Fisheries Policy (CFP) from three angles. After a brief introduction, it looks at the species and products covered by the CFP, known as the ‘material ... More


Trade in fishery products

Robin R. Churchill and Daniel Owen

in The EC Common Fisheries Policy

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199275847
eISBN:
9780191706080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199275847.003.0007
Subject:
Law, EU Law, Environmental and Energy Law

This chapter considers EC law relating to trade in fishery products between Member States, and the legal regime governing trade in fishery products between the EC and third States. The EC is a ... More


Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

Jukka Snell

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199250097
eISBN:
9780191697883
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199250097.001.0001
Subject:
Law, EU Law

The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the European Community's internal market and form the basis for an ever-increasing number ... More


Comitology: Delegation of Powers in the European Union and the Committee System

Carl Fredrik Bergström

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280018
eISBN:
9780191700095
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280018.001.0001
Subject:
Law, EU Law

In almost all fields of cooperation that are covered by the EC Treaty, the formal competence to adopt legislation has been assigned to the Council (which must normally collaborate with the European ... More


The Law of State Aid in the European Union

Andrea Biondi, Piet Eeckhout, and James Flynn (eds)

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.001.0001
Subject:
Law, EU Law

EC State aid law represents an increasingly important part of EC competition law. The case law at national and European levels is growing rapidly, both in quantity and importance. Significant and ... More


EC Membership and the Judicialization of British Politics

Danny Nicol

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199247790
eISBN:
9780191697685
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247790.001.0001
Subject:
Law, EU Law

The Law Lords in ‘Factortame’ based their acceptance of the supremacy of European Community law on an ‘entirely voluntary’ surrender of sovereignty by Parliament. This book tells the story, from the ... More


Advocate General Jean-Pierre Warner and EC competition law

Rosa Greaves

in The Advocate General and EC Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.003.0007
Subject:
Law, EU Law

This chapter focuses on Advocate General Jean-Pierre Warner and his contributions to EC competition law and procedure. Warner was appointed Advocate General in January 1973 on the occasion of the ... More


Judicial review before Community courts

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0005
Subject:
Law, EU Law, Environmental and Energy Law

This chapter examines possibilities for individuals and NGOs to challenge the legality of environmental acts and omissions by Community institutions and bodies in direct actions before Community ... More


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