bluuebunny/crossref_metadata_2025_split huggingface dataset:
From Apology to Utopia’s Point of Attack
Authors: DESAUTELS-STEIN JUSTIN 
Published: July 2016

AbstractThis contribution to the Symposium celebrating the Twenty-fifth Anniversary of Martti Koskenniemi's From Apology to Utopia explores the relevance of the book for contemporary theorists of the international world. In doing so, the article puts Koskenniemi's classic in a contest with John Yoo's recent book, Point of Attack. The purpose in doing so is three-fold. First, it is to illustrate the contemporary use of Koskenniemi's structuralist method. Second, it is to show how the use of the method, with its attendant reliance on modes of legal thought, might give pause to international thinkers seeking to reinvigorate particular structures of argument from the nineteenth century. Third, the two books are put into conversation in order to highlight what I believe to be the very productive results of the structuralist method that have, for the most part, been dormant for a generation.
Koskenniemi's Images of the International Lawyer
Authors: SINGH SAHIB 
Published: July 2016

AbstractIn this article I excavate and critique two dominant images of the international lawyer that emerge from the oeuvre of Martti Koskenniemi. In doing so, I hope to briefly shake the faith critical international legal thought so often invests in the potential of the subject. The first image is of the critical subject that emerges from From Apology to Utopia. She also happens to be a projection of the critic, governed by both elitism and unhappiness, for whom freedom is always both a constant and overarching possibility, and yet always embodied in a fleeting moment. By way of critique, I question whether this critic(al subject) may not unwittingly embed the very aspects of liberal legal and political thought that she seeks to challenge. The second image is of the professional lawyer, left on the shores of pragmatism. She emerges from my reading of Koskenniemi's The Gentle Civilizer, the 2005 Epilogue and his Kantian texts. She is constructed as Koskenniemi's critique is domesticated, taking a last, and perhaps futile, refuge in an ethics that is needed to buttress an identity which can aid international law's moral regeneration. Koskenniemi's writings urge today's international lawyers to put their sense of identity into question; this article asks which identities (and their possibilities) he embeds as he does so.
Safe zero-cost coercions for Haskell
Authors: BREITNER JOACHIM , EISENBERG RICHARD A. , PEYTON JONES SIMON , WEIRICH STEPHANIE 
Published: July 2016

AbstractGenerative type abstractions – present in Haskell, OCaml, and other languages – are useful concepts to help prevent programmer errors. They serve to create new types that are distinct at compile time but share a run-time representation with some base type. We present a new mechanism that allows for zero-cost conversions between generative type abstractions and their representations, even when such types are deeply nested. We prove type safety in the presence of these conversions and have implemented our work in GHC.
Evaluation of the Farmers’ Markets for Kids programme
Authors: Dannefer Rachel , Bryan Erica , Osborne Alyce , Sacks Rachel 
Published: July 2016

AbstractObjectiveTo assess the impact of Farmers’ Markets for Kids, a farmers’ market-based, child-oriented nutrition education programme, on attitudes and behaviours related to preparing and consuming produce among child participants and their caregivers in New York City (NYC).DesignRetrospective pre-test/post-test cross-sectional survey with caregivers of children participating in Farmers’ Markets for Kids classes.SettingFour NYC farmers’ markets where Farmers’ Markets for Kids classes are implemented; these markets serve low-income communities.SubjectsTwo hundred and twelve adult caregivers of children who participated in Farmers’ Markets for Kids classes.ResultsCaregivers reported that children’s consumption of fruits and vegetables had increased since participating in Farmers’ Markets for Kids and that their children more frequently assisted with food preparation; both of these improvements were statistically significant. Caregivers also reported significant improvements in attitudes: since participating in Farmers’ Markets for Kids, their children were more willing to try new fruits and vegetables and caregivers found it easier to prepare fruits and vegetables for their children. Almost all respondents (99 %) reported purchasing more fruits and vegetables since participating in Farmers’ Markets for Kids and 95 % had prepared the programme’s recipes at home.ConclusionsFindings suggest that Farmers’ Markets for Kids may be an effective approach for increasing produce consumption among participating children and improving related attitudes among children and caregivers. This evaluation provides support for future efforts to undertake more rigorous evaluations of such programmes.
Justice in Haste, Justice Denied? The European Court of Justice and the Area of Freedom, Security and Justice
Authors: Rosas Allan 
Published: July 2016

Abstract
This chapter considers the ECJ procedure and, in particular, the length of time required for cases to be heard, especially in proceedings pertaining to the Area of Freedom, Security and Justice, an area in which the saying ‘justice delayed, justice denied’ has particular force. It examines in particular the new urgent procedure, conceived in order to enable the Court to decide a case falling under the Area of Freedom, Security and Justice within an expedited time-frame. It concludes that, while undue haste should be avoided, lengthy time-frames for court proceedings are more often than not a sign of poor case management. The Area of Freedom, Security and Justice provides a special incentive for the ECJ to be vigilant as regards the length of court proceedings.
Exclusion, Invasion and Abuse: Competition Law and its Constitutional Context
Authors: Francis Daniel 
Published: July 2016

Abstract
The orthodox view of antitrust, or competition, law is that it should be interpreted and enforced purely to maximise economic efficiency. This chapter argues that it is by no means so clear that the maximization of efficiency should be the sole aim of competition law, either as a matter of common-law tradition or as a matter of ‘original’ legislative intent. Moreover, such a narrow approach neglects the important social and political components and consequences of antitrust policy and adjudication. This chapter further argues that antitrust law exhibits a striking resemblance, in many ways, to constitutional law, in particular to the extent that it constitutes a social and political response, administered by courts, to three particularly problematic applications of power—the ‘exclusion, invasion and abuse’ of the title. The first section of the chapter introduces these themes. In the second section, the exclusion-invasion-abuse model is described and the implications of each broad type of rule are explored. In the third section, the historical development of modern antitrust law is traced in order to show that the ‘pure efficiency’ standard lacks any credible historical claim to particular authority or authenticity. The fourth and final section, a brief survey of competing normative accounts of antitrust law offers in order to demonstrate the extent to which a myopic focus on efficiency can occlude the underlying policy consequences of antitrust law and policy-making.
The European Union and the Globalisation of Criminal Law
Authors: Mitsilegas Valsamis 
Published: July 2016

Abstract
In the new post-Cold War security era, there is a perception that the nature of cross-border security threats has changed. The need to respond to these new threats has led to a proliferation of multilateral international and regional treaties in this area, as well as unilateral demands made by the United States post-9/11. We have, then, seen a process of globalisation of criminal law, a field traditionally linked to State sovereignty. This chapter examines, first, EU action with regard to UN multilateral conventions and the impact of those conventions on internal EU law, as well as the impact of EU action within the framework of the regional treaties of the Council of Europe; secondly, the interrelationship between Union law and the global production of norms in criminal matters by the UN Security Council and by the Financial Action Task Force; thirdly, bilateral cooperation between the EU and the US, in particular in connection with the transfer of Passenger Name Records data; fourthly, the question of compliance by the EU in this area, in both the internal and the external context; and, fifthly, the Court of Justice’s approach to the protection of fundamental rights when global criminal law is engaged. The EU has managed to take centre stage in international developments in the field of global criminal law through a clear commitment to multilateral negotiations as well as a clear political will to implement at the Union level norms agreed internationally without a high degree of transparency. The Court of Justice has also been reluctant to overturn Union security decisions in the name of fundamental rights. The coming into force of the Lisbon Treaty will eliminate some complexity in this area, but not all, and it still remains to be seen whether in the process of globalisation of criminal law the European values proclaimed in Article 2 of the new EU Treaty will be promoted or compromised.
Economic Sanctions, Procedural Rights and Judicial Scrutiny: Post-Kadi Developments
Authors: Tridimas Takis 
Published: July 2016

Abstract
The judgment of the Court of Justice of the European Union in Kadi is of defining constitutional importance. The Court understood the EU Treaties (at the time, the EC Treaty) as establishing their own constitutional space, asserted the autonomy of EU law vis-à-vis international law and held that responses to emergencies should be handled through, rather than outside, the bounds of the EU Treaties. The judgment is predicated on liberal democratic ideals and views respect for legality as a sine qua non in times of emergency. This chapter seeks to discuss selected case law developments after Kadi. It focuses on the effect of invalidity of sanctions on third parties, issues pertaining to the validity and interpretation of Council Regulation 881/2002/EC, economic sanctions against nuclear proliferation and corresponding developments in the case law of the UK Supreme Court. It does not deal exhaustively with post-Kadi case law. Section I provides a brief introduction to the judgment in Kadi. Section II explores the effect of the ruling on third parties. Section III discusses a selection of recent case law of the Court of Justice and the General Court, and section IV explores in some detail the judgment of the UK Supreme Court in Jabar Ahmed.
Tipping the Balance: International Courts and the Construction of International and Domestic Politics
Authors: Alter Karen J 
Published: July 2016

Abstract
The proponents of international courts (ICs) expect that creating formal legal institutions will help to increase respect for international law. International relations scholars question such claims, since ICs have no tools to compel state compliance. Such views are premised on the notion that states have unique preferences that ICs must satisfy in order to be effective. The tipping point argument is premised on the notion that within each state are actors with numerous conflicting preferences. ICs can act as tipping point actors, building and giving resources to compliance constituencies—coalitions of actors within and outside of states—that favour policies that happen to also be congruent with international law.
Criminal Justice in the Post-Lisbon Era
Authors: Corstens Geert 
Published: July 2016

Abstract
Having briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.
Multi-faceted Single Legal Personality and a Hidden Horizontal Pillar: EU External Relations Post-Lisbon
Authors: Govaere Inge 
Published: July 2016

Abstract
The Lisbon Treaty has fundamentally revised the external relations of the EU in pursuit of more visibility, coherence and consistency. The EU is, for instance, given a single legal personality, the pillar structure is (formally) abolished, new functions are created to reinforce its external representation and external policies appear to be streamlined. But is there more to it than meets the eye? A critical legal assessment is given of the major Treaty modifications relating to the EU external relations whilst addressing two underlying issues. First it is questioned whether the Member States have really given up their traditional reluctance to share fully the international scene with the EU. It is argued that the Lisbon Treaty in fact means to redress the balance in favour of intergovernmentalism under CFSP. A second crucial and related issue links to the silent dialogue with the CJEU to be discerned in the Lisbon Treaty. It wavers between the codification of important case law, such as Kadi, and attempts at containing or even reversing case law which was more prejudicial to the Member States’ interests, such as the Ecowas judgment. In so doing the Lisbon Treaty again raises interesting yet complex legal questions which will most likely necessitate further clarification through case law.
Posted Workers in Europe from a Private International Law Perspective
Authors: Merrett Louise 
Published: July 2016

Abstract
Cases involving the posting of workers will inevitably involve international elements and therefore issues of private international law. Historically, it has been assumed that English employment law is territorial: in particular section 204 of the Employment Rights Act 1996 provides that the provisions of the Act apply irrespective of the law applicable to the contract. This contribution examines this proposition through the perspective of private international law principles, and also considers the compatibility of section 204 with the private international law rules in the Posted Workers Directive and the new definition of overriding mandatory rules in the Rome I Regulation.
Exit Taxation as an Obstacle to Corporate Emigration from the Spectre of EU Tax Law
Authors: Panayi Christiana Hji 
Published: July 2016

AbstractIn this chapter I examine how the cross-border movement of companies may be affected by some tax rules and I consider the impact of EU law on such rules. The examination is in the context of the case law of the Court of Justice and the limited EU direct tax legislation. I assess how these affect the cross-border movement of companies as well as their investment strategies. I conclude by considering whether this is a satisfactory way of dealing with the issues. The contents of this chapter are based on materials available up to 1st March 2011.
The Rebirth of the EU’s Charter of Fundamental Rights
Authors: Peers Steve 
Published: July 2016

AbstractSince the conferral of binding legal effect on the EU’s Charter of Fundamental Rights with the entry into force of the Treaty of Lisbon, the Court of Justice has taken an active role in developing the Charter as the leading source of human rights rules in the EU legal order. While the Court has begun to clarify some important points relating to the Charter, a number of significant issues still need to be addressed.
What is in an Index? A View from a European Orientated Lawyer
Authors: Samuel Geoffrey 
Published: July 2016

Abstract
Anyone familiar with French legal education will know that what a common lawyer would call the contents page to be found at the beginning (often in summary form) or at the end (often in detail) of a French textbook or monograph on law is more than a mere guide for browsers and readers. It forms le plan, that is to say the epistemological framework the intellectual importance of which is equal to the substance of the work. It is what endows the book with its scientific credibility and any thesis or textbook lacking a coherent cartesian plan will by definition lack intellectual credibility. But what of the other guide provided in many academic books, namely the index? Is this guide nothing but a guide, never to be allowed to aspire to an epistemological status like that accorded to le plan? Or is an index, with its strictly alphabetical ordering, capable of having an epistemological role?
The Role of Private Enforcement within EU Competition Law
Authors: Dunne Niamh 
Published: July 2016

AbstractPrivate enforcement is an increasingly prominent element of EU competition law. The forthcoming Directive on damages actions aims to strengthen and, to a degree, harmonise procedures for private competition litigation, while recent case law of the Court of Justice reaffirms the centrality of the right to claim compensation for losses stemming from breach of the competition rules. Moreover, this right has been presented as an essentially unitary one, whereby any victim of any type of competition infringement has, in principle, the right to claim damages. This chapter reviews the evolving framework, and considers, specifically, the role for private enforcement within the overall system of EU competition law. Taking into account the Commission’s efforts to facilitate and increase private enforcement, the emerging EU public enforcement framework, as well as the substantive EU competition rules more generally, this chapter argues that, contrary to the rhetoric, private enforcement is a mechanism best adapted, and arguably most appropriate, for use only in the context of hard-core cartels. It is further suggested that the gap between rhetoric and reality is not problematic as such, yet difficulties may arise insofar as these divergences conflict with the principle of effectiveness.
The Problems of Trans-border Evidence and European Initiatives to Resolve Them
Authors: Spencer John R 
Published: July 2016

When a criminal case with trans-border ramifications is to be prosecuted within a given state, the following three problems typically arise:

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bringing the defendant, currently abroad, to that state, to enable the case against him to be tried;

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obtaining relevant evidence from other jurisdictions;

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persuading the courts of the state where the defendant is to be tried that they can use it.

The first of these problems is in principle the most important. Unless a legal system is prepared (as some were in the past) to try defendants in absentia and then punish them in effigy, the defendant’s physical presence within the jurisdiction of the court is usually required in order to bring the mechanism of the criminal law to bear upon him.
The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration
Authors: Herlin-Karnell Ester , Konstadinides Theodore 
Published: July 2016

Abstract
The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.
The EU and the European Social Charter: Never the Twain Shall Meet?
Authors: Khaliq Urfan 
Published: July 2016

Abstract
This article examines the relationship between the EU and the Council of Europe’s Social Charter. It considers the differing approaches to the protection of economic and social rights and the relationship between the two legal orders. It further examines whether the EU should consider acceding to the European Social Charter so as to ensure the effective protection of economic and social rights.
The Citizenship Paradigm
Authors: Kochenov Dimitry 
Published: July 2016

AbstractThis chapter suggests the deployment of the concept of European citizenship as a means of integration alongside the internal market, proposing the citizenship paradigm of European integration to inform the Union’s future. This proposal, based on a combination of the initial promise of European unity and the potential of EU citizenship, is not purely utopian but is directly rooted in the primary law as well as in the purpose of the integration project.
The Ambiguity of Multi-Level Governance and (De-)Harmonisation in EU Environmental Law
Authors: Lee Maria 
Published: July 2016

AbstractThis chapter explores the ambiguous allocation of authority in the governance of two areas of environmental protection: industrial pollution and genetically modified organisms. Ambiguity, that is, a difficulty in asserting that any single actor has the final word on a subject, is inevitable in the EU’s multi-level governance system and is not necessarily undesirable. These two examples demonstrate that even in the face of concerted efforts to introduce a formal hierarchy, the need for collaboration around softer norms persists.
Proportionality in EU Law: A Balancing Act?
Authors: Sauter Wolf 
Published: July 2016

AbstractThe proportionality principle plays a key role in constitutional review of public acts. Its use legitimises the constitutional claims of EU law in the context of a multi-level polity system. The application of proportionality in the EU differs based on whether legal acts of the EU or of its Member States are concerned. In the former case, a manifestly disproportionate test is usually applied, while in the latter case, a least restrictive means test (LRM) is normally used. Both are conditioned by the degree of integration achieved. In future, the use of the principle may involve increasing attention being paid to individual rights.
On Discrimination and the Theory of Mandatory Requirements
Authors: Spaventa Eleanor 
Published: July 2016

According to the traditional view, quantitative restrictions and discriminatory rules could be justified only according to the Treaty derogations contained in Article 30 of the EC Treaty. On the other hand, most indistinctly applicable measures, benefit also from other and broader grounds of justification: the mandatory (or imperative) requirements.
This distinction has been in recent years occasionally disregarded by the Court: this has led to a certain degree of confusion as to the theoretical explanation of the mandatory requirements doctrine. In particular doubts have been raised as to whether the mandatory requirements should not in fact be considered as additional grounds of derogation to those listed in Article 30 EC.