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Edited by Fabrizio Cafaggi and Stephanie Law

Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
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Fabrizio Cafaggi and Stephanie Law

Introductory remarks 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law OVERVIEW OF THE TEXT This text contributes to the ongoing debates surrounding the development of European private law (EPL), paying particular attention to European consumer law. It is oft said that EPL in general, and especially as it relates to consumer protection, is in a constant state of flux. It is currently undergoing substantive, procedural and institutional transformations, which shape its scope, content and formation

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David S. Law and Tom Ginsburg

8. Constitutional drafting in Latin America: a quantitative perspective* David S. Law and Tom Ginsburg I. INTRODUCTION Generalizations about the practice of constitutional drafting within a region as diverse as Latin America are bound to be inherently imprecise. A single region can be home to considerable constitutional heterogeneity.1 It is also clear, however, that there exist geographical and regional patterns in the adoption of formal legal rules.2 Distinctive regional characteristics can endure in the face of globalization for a multitude of reasons. In the

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Stephanie Law

7. The CJEU’s interpretation of the consumer: what significance of judicial cooperation? Stephanie Law* INTRODUCTION This chapter examines a key concept of national and European private law, from the perspective of the existence and significance of judicial coop­ eration. Having emerged initially in the nation states – tied to national markets and national cultures and traditions – the consumer has come to constitute one of the key actors in the European integration project; the final consumer is a member of European society,1 entitled to the protec­ tions and

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Robyn Holder

Just Interests 3.    Approaching law * I would have said [the law is] there for our benefit. (Roslyn, 2010) We tell ourselves stories in order to live … We look for the sermon in the suicide, for the social or moral lesson in the murder of five. We interpret what we see, select the most workable of the multiple choices. We live entirely, especially if we are writers, by the imposition of a narrative line upon disparate images, by the ‘ideas’ with which we have learned to freeze the shifting phantasmagoria which is our actual experience. (Didion

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Elder Law

Evolving European Perspectives

Edited by Ann Numhauser-Henning

The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
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Ugo Mattei and Alessandra Quarta

The Turning Point in Private Law 4.    Tort law 1.    THE FUNDAMENTAL FUNCTION OF TORT LAW There is perhaps no area of private law that shows more potential for transformative power than tort law, the branch of private law that presides over conflicts arising from non-planned damaging contacts between individuals in society. Since very early times, philosophers and jurists have been busy discussing the legal and moral obligations that would come from the wrongdoing of one individual causing damage to another. Aristotle (384 BCE–322 BCE), whose

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Jule Mulder

JOBNAME: Giliker PAGE: 1 SESS: 5 OUTPUT: Fri Sep 29 13:43:31 2017 8. Employment law Jule Mulder 1 INTRODUCTION Rather than harmonising wide areas of employment and labour law, the European Union (EU) has only intervened sporadically and allows for significant diversity and discretion within the member states.1 Consequently, EU employment and labour law cover a diverse number of areas of concern, which occasionally overlap – including legal issues related to the free movement of persons, minimum labour law standards and equality, as well as collective labour law

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Craig Anthony (Tony) Arnold

9.  Adaptive law Craig Anthony (Tony) Arnold INTRODUCTION Climate disasters pose special problems for how legal systems enable society to adapt to sudden shocks and changing conditions. It’s not just that climate disasters are often sudden and it’s difficult to predict where, when, and how badly they will affect human communities.1 The severity of the physical, economic, and social harms hits various human communities differently depending on their location and social and environmental vulnerabilities.2 Still, the challenges posed are even more complicated

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Frederic Perron-Welch

transit or destined for contained use, 18 intended for direct use as food or feed, or for processing, 19 or identified by a COP-MOP decision as not likely to have adverse effects. 20 However, Parties retain the right to regulate these areas in domestic law. 21 The procedure for LMO-FFPs—essentially LMOs in international trade as agricultural commodities 22 —functions as a multilateral information-exchange mechanism, with Parties informing others of their decisions on the domestic use of LMOs that may be subject to transboundary movement through the Biosafety