Sixty Years of European Integration and Global Power Shifts: Perceptions, Interactions and Lessons

Description

This book focuses on a review of how sixty years of case-law and regulatory activity transformed the European continent and the world. It provides a critical analysis of the key features of EU integration and how this integration is perceived (internally and externally). In this context, this book also explores the EU’s interactions with a number of other countries and organisations with the objective of assessing the EU’s role in global governance. Volume 97 in the Series Modern Studies in European Law Contents List of Contributors 1. The European Union: Achievements, Ongoing Challenges and Future Prospects I. The EU in Global Governance II. The Evolution of a European Political Community III. Emerging Global Challenges and Shifting Paradigms Part I: European Legal Integration:Process, Difficulties and Achievements 2. The Rule of Law and Integration in the EU I. Introduction: History of the EU II. Contribution of the Court of Justice to EU Integration III. Constitutional Architecture IV. The Court of Justice Today V. Europe's Current Challenges VI. Conclusion 3. The European Union as an OxymoronFrom Contest via Contradiction to Constitution? I. Introduction II. European Integration: From Contestationvia Contradiction to Constitution III. The ‘European Union’ and Other Oxymora IV. Conclusion 4. The Social Dimension of the EU I. Introduction II. The Status Quo of Social Minimum Standards III. The Obstacles for Further Legislation IV. Alternative Strategies V. European Pillar of Social Rights VI. Possible Strategies to Overcome the Deficiencies of the Status Quo VII. Conclusion 5. Geographical Scope and Diversity of EU Rules on Public Procurement I. Introduction II. Member States III. Outermost Regions and Overseas Countries and Territories IV. European Economic Area V. Stabilisation and Association Agreements VI. Partnership and Cooperation Agreements VII. Euro-Mediterranean Agreements VIII. EU-Canada (CETA) IX. EU-Chile X. EU-Israel XI. EU-Japan XII. EU-Korea XIII. EU-Mexico XIV. EU-Switzerland XV. EU-South Africa XVI. EU-USA XVII. Agreement of Cotonou XVIII. Cariforum 6. Spatial Configurations of Welfare in the EU: The Case of Cross-border Healthcare I. Introduction II. Profiles of the EU 'Welfare' Structure III. The Case of Healthcare Law IV. Cross-border Healthcare in the EU: The Directive 2011/24/EU V. Implementation of the Directive: Lack of Clarity and Fragmentation VI. Conclusion 7. Godot is Finally Coming? The Great Convergence of Services Markets within the EU I. Introduction II. The Economic Importance of Services for the EU III. Implementing the Services Directive IV. Conclusion 8. Government, Culture and Movies In Search of a Common Understanding from a European Perspective I. Introduction II. The United States and the European Union in a Conundrum: What is Culture and What is a Film? III. Culture and the Arts in Today’s Global Law IV. The European Perspective: Changing Patterns in EU Law V. The US Perspective: Changing Patterns in US Law VI. Conclusions Part II: The European Union as a Global Actor: Issues and Partners 9. The European Union and Global Economic GovernanceA Leader Without a Roadmap? I. Introduction II. Multilateralism Revisited III. Can the EU ‘Square the Circle’?: Yes, but No IV. The EU’s Status and Strategy in International Economic Bodies: Between Words and Action V. Conclusion 10. Lessons from European Constitutionalism for Reforming Multilevel Governance of Transnational Public Goods in Asia? I. 'Constitutionalism' as Universally Adopted 'European Political Invention' II. 'Constitutional Failures' in Multilevel Governance of PGs III. Dialectic Evolution of European Constitutionalism IV. Lessons from European Constitutionalism for Multilevel Governance of Public Goods in Asia? V. Beyond Rational Choice: Multilevel Constitutionalism as Constraint on Harmful Power Politics 11. The EU's Civil Justice Policy Field: Perspectives for Asia? I. Introduction II. Civil Justice beyond the Nation-State III. Scope of the EU"s Civil Justice Policy Field IV. Policy Objectives in the Civil Justice Arena V. Conclusions: Civil Justice Perspectives for Asia? 12. Bilateralism in an Interregional World? From EU Negotiations with MERCOSUR to a Bilateral Strategic Partnership with Brazil I. Introduction II. Theorising the Impact of Regional Cohesionon EU Trade Strategies III. EU–MERCOSUR Negotiations (1999–2004) IV. A Bilateral Strategic Partnership V. Concluding Discussion 13. Reclaiming the Comprehensive Strategic Partnership through the EU–China Partnership and Cooperation Agreement Taking Stock and Moving Forward I. Introduction II. What does EU–China Strategic Partnership Signify? III. What is a Partnership and Cooperation Agreement and What is it for? IV. The Mismatch of Mandate and Expectation in EU–China PCA Negotiations V. Is a Comprehensive Agreementon Investment an Alternative? VI. Conclusion 14. Legalisation of International Economic Relations: Is Asia Unique? I. Introduction II. Review of Theories: From Regime to Legalised Institution III. Priority on Precision over Bindingness: 'Asian' Rules? IV. Delegation of Power and the Exercise of Delegated Power V. Conclusion Part III: European Union’s Trade Policy:Global and Regional Trade Challenges 15. Trade for All? Transparency in the EU's Common Commercial Policy I. Crafting a Common Commercial Policy in Times of Anti-trade Backlash II. A Start on the Wrong Foot III. A Fresh Start IV. Dimensions of Transparency V. Concluding Remarks 16. Investor to State Dispute Settlement Mechanisms A Comparison of Evolving Legal Approaches in Brazilian and Latin American Relations with the European Union I. Introduction II. ISDS: Advantages, Disadvantages and Alternatives to ISDS III. The Evolution of ISDS: From Bilateral Investment Treaties to a Multilateral Investment Court IV. The Latin American Experience V. Conclusions: Bazookas and Blank Cartridges 17. The Rise of the RCEP: Regional Multilateralism and its Impact on the EU-China BIT I. Introduction II. Negotiations History and Key Data III. Conclusions 18. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership: Intellectual Property Chapter, Research in Biotechnology and Price of Medicine with Lessons from the European Union I. Introduction II. Research Exemptions Defined III. The Scope of Research Exemptions in the USA, the EU and Select Developing Countries IV. Emerging Biotechnology Sectors in Malaysia and Singapore V. CPTPP IP Chapter and Research Exemptions VI. CPTPP, Research Exemption and the Price of Medicine VII. Conclusions 19. Geographical Indications in the EU, China and Australia WTO Case Bottling Up Over Prosecco I. Introduction II. Old World Approach III. New World Approach IV. International Treaties V. China’s GI System VI. Bilateral GI Agreements between EU and China VII. Prosecco Case: ‘Transubstantiation’ from Grape to GI VIII. Multi-component Term VersusPars Pro Toto Strategy IX. Conclusion 20. Indian Pharma Sector's Journey for the Innovation Panacea: Lessons from Negotiations with EU and RCEP I. Introduction II. Health Scenario in India III. Price of Medicines: Select Drivers IV. Pharma Sector in India: The Policy Framework V. Trade in Pharmaceuticals Sector VI. Conclusion Index