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Samo Bardutzky and Elaine Fahey

This edited volume explores how we frame the subjects and objects of contemporary European Union (EU) law. The inquiry as to the subjects and objects of Public International Law (PIL) is one long dismissed as fruitless (e.g. Higgins, 1994). Nevertheless, it is a more revealing inquiry in EU law, which has explicitly sought to differentiate itself as a new legal order of PIL with a distinctive framing of its subjects and objects. As the EU’s internal and external competences have evolved, significant changes surround the subjects and objects of contemporary EU law. It may increasingly capture a broader range of actors and interests, intentionally or otherwise. The subjects and objects of EU regulatory frameworks thus raise fundamental issues as to the rule of law as well as to the EU’s legitimacy in the wider world. While there may be hundreds of years of work across disciplines on the self as subject, the object as an entity often appears a neglected field of inquiry. The EU treaties and EU law jurisprudence alike reveal a quantifiable panoply of interests, actors, objects and subjects, scattered across them. The collaborative research effort presented in this volume is linked to three primary motifs or considerations in how we frame the subjects and objects of EU law: transformations, the external-internal nexus and crises as to EU law. It confronts the question: how should we understand the dialectic between the subjects and objects in contemporary EU law? Can the objects of EU law so readily become its subjects? What are the normative parameters of the shift from subject to object and object to subject? How are new narratives understood within this dialectic? Keywords: EU law, jurisprudence, EU integration, Transformations, Crises, CJEU, EU international relations, public international law, subjects, objects

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Edited by Samo Bardutzky and Elaine Fahey

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Bengt Lindell

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Bengt Lindell

The Swedish Academy Glossary (SAOL) does not list a definition for the term ‘overall assessment’. However, the term ‘overall assessment’ refers to a number of factors, aspects or perspectives that are brought together into a comprehensive assessment, an overall assessment. In this book, the word has a more specific meaning. An overall assessment means that a choice must be made between several possible decision options using certain criteria in order to achieve one or more objectives. This definition addresses both the meaning and the purpose of an overall assessment. Virtually everyone makes overall assessments on a daily basis. This might involve big, important things like purchasing a home: What is our price range? What city/neighbourhood? Running costs (taxes, maintenance, utilities)? Proximity to daycare, school and work? Renovation needs? And so on. Or the assessment might involve where the family should go on holiday. There are a few options (e.g., Spain, Bulgaria or Italy) and a number of selection criteria such as cost, climate and how child-friendly it is. Another example is buying a new car, which will be explored in detail later on. Even in such cases, there are several different options to consider when evaluating the different car models, which have different prices, different environmental performance, different collision safety and comfort levels, and so on.

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Andrea Bianchi

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  • Research Handbooks in Environmental Law series

Edited by Douglas Fisher

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  • Research Handbooks in Environmental Law series

Douglas Fisher

Environmental law has traditionally set standards of individual conduct and of institutional decision-making in the exercise of rights of property and of sovereignty. These constitute liability rules by imposing liability for a breach of the rule after the event: a reactive approach. This approach continues to be relevant. It has now been complemented to a very significant extent by a proactive approach to environmental governance. This involves the acknowledgment of fundamental values and objectives – such as environmental protection, environmental restoration and sustainable development – and the creation of rules of law to implement operationally these values and objectives. These rules assume various forms: strategic rules, regulatory rules and methodological rules. Strategic rules state what is to be achieved; regulatory rules prescribe the institutional, administrative and procedural processes according to which these objectives are to be achieved; and methodological rules state the intellectual and reasoning processes according to which the decisions achieving these objectives are reached. Alternatively, there are market rules. Market rules prescribe how the market works but leave it to those operating in the market to decide how to achieve the relevant objectives but in the traditional context of contractual, tortious or statutory rules that govern how a market operates. This chapter discusses these concepts and analyses examples from international, constitutional and statutory perspectives.
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  • Research Handbooks in Environmental Law series

Edited by Douglas Fisher

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  • Research Handbooks in Environmental Law series

Edited by Douglas Fisher

This content is available to you

  • Research Handbooks in Environmental Law series

Edited by Douglas Fisher