简介
Claus-Dieter Ehlermann is widely regarded as among the most knowledgeable, far-sighted, and creative shapers, practitioners, and scholars of European law. Among the prominent legal roles he has played in his influential career, his leadership of the Legal Service of the European Commission is perhaps the best known. This liber amicorumappears as his term at the Appellate Body of the World Trade Organization draws to a close. In this book thirty of his distinguished colleagues offer fresh and provocative insights into many of the areas of international law on which Prof. Dr. Ehlermann has left his stamp. Topics include: the WTO dispute settlement system; regulation of trade barriers; the first signs of a global jurisprudence; the principle of proportionality; enforcement of competition law; and the place of human rights in European and global integration. In its wide-ranging appreciation of the many tributaries that must come together if legal and economic integration is to be both human and prosperous - whether in Europe or in a wider field - European Integration and International Coordination is a rare work. Its precise but far-reaching evaluations and proposals, worthy of the scholar and practitioner to whom they are dedicated, will find thought-provoking echoes in the minds of all those concerned with any of the integration processes under way in today's interdependent world.
目录
Introduction
Message a l'attention de Claus Ehlermann
En l'honneur de Claus-Dieter Ehlermann
WTO Disputes: the Battles in the Trade Wars - A Win-Win Game? Or a Lottery? p. 1
Legal Equality, Legal Certainty, and Subsidiarity in Transnational Economic Law - Decentralized Application of Art. 81.3 EC and WTO Law: Why and Why Not p. 13
On the Internal Morality of WTO Law p. 39
The EU Trade Barriers Regulation Comes of Age p. 55
A Theory of Direct Effect in Global Law p. 99
Vers un Ordre Juridique Mondial? p. 125
Competition and National Rule-Making p. 129
From European Communities to European Union - By Convergence to Consistency p. 139
The Spokesman and the Law p. 159
The Contribution of the European Union to Public International Law p. 171
The Substantive Legality Test under Article 81-3 EC Treaty - Revisited in Light of the Commission's Modernization Initiative p. 181
The Principle of Proportionality on its Way into WTO/GATT Law p. 199
"Good Governance" in the European Internal Market - Two Competing Legal Conceptualisations of European Integration and their Synthesis p. 219
OLAF vs. DG Competition: A Comparison of the Community's Anti-Fraud Enforcement System with its Competition Enforcement System p. 243
The Birth of Modern Competition Law in Europe p. 279
Competition Policy in the Framework of WTO p. 305
Amicus Curiae Briefs before the WTO: Much Ado about Nothing p. 317
The Future of the European Treaties: A Systematic Approach to a Basic Treaty p. 331
Removing the Notification of Agreements: Some Consequences for Ex Post Monitoring p. 351
The Division of Economic Policy Powers between the European Community and its Member States - Status quo and Proposals de lege ferenda p. 363
Human Rights in European and Global Integration Law: Principles for Constitutionalizing the World Economy p. 383
Liberalisation of the European Energy Markets: The Perspective of Competition Policy p. 403
Amicus Curiae: Participant or Friend? The WTO and NAFTA Experience p. 419
Reckoning with the Past in the Czech Republic: A Test of the Homogeneity Clause Pursuant to Article 6 EC Treaty p. 451
Babel - One Language and One Speech p. 479
List of Publications p. 485
Index p. 501
Message a l'attention de Claus Ehlermann
En l'honneur de Claus-Dieter Ehlermann
WTO Disputes: the Battles in the Trade Wars - A Win-Win Game? Or a Lottery? p. 1
Legal Equality, Legal Certainty, and Subsidiarity in Transnational Economic Law - Decentralized Application of Art. 81.3 EC and WTO Law: Why and Why Not p. 13
On the Internal Morality of WTO Law p. 39
The EU Trade Barriers Regulation Comes of Age p. 55
A Theory of Direct Effect in Global Law p. 99
Vers un Ordre Juridique Mondial? p. 125
Competition and National Rule-Making p. 129
From European Communities to European Union - By Convergence to Consistency p. 139
The Spokesman and the Law p. 159
The Contribution of the European Union to Public International Law p. 171
The Substantive Legality Test under Article 81-3 EC Treaty - Revisited in Light of the Commission's Modernization Initiative p. 181
The Principle of Proportionality on its Way into WTO/GATT Law p. 199
"Good Governance" in the European Internal Market - Two Competing Legal Conceptualisations of European Integration and their Synthesis p. 219
OLAF vs. DG Competition: A Comparison of the Community's Anti-Fraud Enforcement System with its Competition Enforcement System p. 243
The Birth of Modern Competition Law in Europe p. 279
Competition Policy in the Framework of WTO p. 305
Amicus Curiae Briefs before the WTO: Much Ado about Nothing p. 317
The Future of the European Treaties: A Systematic Approach to a Basic Treaty p. 331
Removing the Notification of Agreements: Some Consequences for Ex Post Monitoring p. 351
The Division of Economic Policy Powers between the European Community and its Member States - Status quo and Proposals de lege ferenda p. 363
Human Rights in European and Global Integration Law: Principles for Constitutionalizing the World Economy p. 383
Liberalisation of the European Energy Markets: The Perspective of Competition Policy p. 403
Amicus Curiae: Participant or Friend? The WTO and NAFTA Experience p. 419
Reckoning with the Past in the Czech Republic: A Test of the Homogeneity Clause Pursuant to Article 6 EC Treaty p. 451
Babel - One Language and One Speech p. 479
List of Publications p. 485
Index p. 501
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