This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its ‘global reach’, includes the extraterritorial application of EU law, territorial extension, and the so-called ‘Brussels Effect’ resulting from unilateral legislative and regulatory action. It also includes the impact of the EU’s bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU’s external identity and its relations with other legal regimes, both enabling and constraining the EU’s external action.
EU Law Beyond EU Borders The Extraterritorial Reach of EU law 1st edition by Joanne Scott, Marise Cremona 9780191878190
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ISBN-13 : 9780191878190
Author : Joanne Scott, Marise Cremona
EU Law Beyond EU Borders The Extraterritorial Reach of EU law 1st Table of contents:
1. The Aim of this Book
2. The Structure and Scope of this Book
3. What Kinds of Global Reach?
4. The Role of Law: Enabling and Constraining the Extraterritorial Reach of EU Law
5. Law as an Enabler
6. Law as a Constraint
1. The Global Reach of EU Law
1. Introduction
2. Extraterritoriality and Territorial Extension
3. The Distinction between Extraterritoriality and Territorial Extension is not Intended to be a Normative Shortcut
4. Appraising Territorial Extension in EU Environmental Law
5. Conclusion
2. Extending the Reach of EU Law: The EU as an International Legal Actor
1. Introduction: Law as the Structural Foundation of EU External Power
2. The Union of Values: Between EU and International Law in ‘Upholding and Promoting’ Human Rights Standards
3. The EU as an Integration Project: ‘Integration through Law’ as an External Enterprise
4. The EU as a Regulatory Actor: The Making and Implementation of International Norms
5. Conclusions
3. The Internet and the Global Reach of EU Law
1. Introduction
2. The Internet and its Governance
3. The EU and the Member States
4. The Internet and the Values of EU Law
5. Interaction between EU Law and the Internet
6. Mechanisms of Global Reach
7. Normative Questions
8. Final Thoughts: Why the Internet?
4. Financial Stability and the Global Influence of EU Law
1. Introduction
2. The External Influence of EU Law
3. The Clash between the EU and the US
4. Evaluation
5. The Global Reach of EU Competition Law
1. Introduction
2. Mergers
3. Conduct with Welfare-Ambiguous Effects
4. Cartels
5. Global Externalities
6. Cooperation Agreements
7. Conclusions
6. The Migration Crisis and the European Union Border Regime
1. Introduction
2. The EU Border Regime
3. From the Migration Crisis to EU Border Reform
4. The Internal Dimension: Effects upon the Schengen Zone
5. The External Dimension: New Cooperation with Third States
6. Conclusion
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