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1 – 10 of over 6000Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Sovereignty retains considerable currency today insofar as it fuses ordinary understandings of the state, the nation, and democracy. Against widespread expectations, however, the…
Abstract
Sovereignty retains considerable currency today insofar as it fuses ordinary understandings of the state, the nation, and democracy. Against widespread expectations, however, the European Union has increasingly harnessed sovereignty as a source of vitality. We are thus witnessing a mainstreaming of populist politics, as the rhetoric of sovereignty no longer disqualifies new EU institutions and policies. This can be better understood if we consider sovereignty, from a constructivist perspective, as an evolving set of practices. First, sovereignty evolves within political and administrative circles, as European officials act to modify longstanding practices of state sovereignty. Second, sovereignty evolves in an increasingly politicized context, as political leaders dramatize EU crises in order to mobilize coalitions around new practices of popular sovereignty. This dual dynamic of state sovereignty and popular sovereignty is demonstrated in the case of the Eurozone and then extrapolated to the current trajectory of the EU polity against the benchmark of US federalism after the Civil War. An open question is whether sovereignty practices in the European Union will continue to evolve without compromising the Union's cosmopolitan and liberal objectives.
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Drawing on the work of Hannah Arendt, this essay seeks to show (illegal) alienage in U.S. law in new lights. First, this essay demonstrates how the emergence of a positive law of…
Abstract
Drawing on the work of Hannah Arendt, this essay seeks to show (illegal) alienage in U.S. law in new lights. First, this essay demonstrates how the emergence of a positive law of citizenship, through which the U.S. Supreme Court affirmed the importance of citizenship for rights, is a relatively recent and historically contingent development in U.S. law. Second, this essay shows how the concept of “sovereignty” plays different roles in the U.S. positive law of citizenship and (illegal) alienage. This essay seeks also to evaluate the limits and possibilities of alternatives to “sovereignty” as grounds for the rights of noncitizens in the United States. And it seeks to make the point that the apolitical valences of “territoriality” and “social productivity” vis-à-vis “sovereignty” in U.S. law render illegal alienage in particular misleadingly outside the realm of the political. Ultimately, this essay seeks also to challenge understandings of “sovereignty” in political theory by integrating law and political theory, and to recast legal discourse on illegal alienage by turning attention to “sovereignty.”
Considers how membership of a Single European Currency would affect Single European Currency members’ national economic sovereignty. First defines concisely national economic…
Abstract
Considers how membership of a Single European Currency would affect Single European Currency members’ national economic sovereignty. First defines concisely national economic sovereignty. Explores economic life in the Single European Currency. A picture of a converged Single European Currency area economy emerges. Then considers what influence Single European Currency members would have on the Single European Currency area’s macroeconomic policy, finding members’ influence, their national economic sovereignty, depends on the Single European Currency’s institutional structure. Explores three institutional structures, a Council of Ministers approach, a federal approach and the Maastricht plan, the European Union’s (EU’s) actual plan for the Single European Currency. Finds that both a federal and a Council of Ministers approach appear to offer Single European Currency members some degree of national economic sovereignty, while the Maastricht plan appears to offer Single European Currency members very little national economic sovereignty. Analyses the Exchange Rate Mechanism (ERM), to assess what national economic sovereignty EU countries currently enjoy. It becomes apparent that in order to prevent excessive exchange rate instability EU countries must set their monetary policies to the satisfaction of the Financial Market, EU free capital mobility undermining EU countries’ national economic sovereignty. The ERM’s and the Maastricht plan’s preference for price stability over democratic accountability leads to an investigation of the significance of a economy’s average inflation rate. Finds evidence of a negative correlation between EU countries average inflation rates and their private sectors level of profitability. Concludes by asking if a Single European Currency, which favours enforcement of price stability over democratic accountability, is good for European business or not.
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The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…
Abstract
Purpose
The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.
Design/methodology/approach
One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.
Findings
The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.
Originality/value
The research contributes to a better understanding of the different legal orders analysed.
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This chapter critically assesses the assumption that the European Union (EU) is undergoing a crisis of legitimation. Using survey data, it shows that support of the EU and…
Abstract
This chapter critically assesses the assumption that the European Union (EU) is undergoing a crisis of legitimation. Using survey data, it shows that support of the EU and European integration is solid and that it plays a small role in the rise of populist parties. Then, it shows that Europeans favor increasing European cooperation but are reluctant to transfer national sovereignty to the EU. Finally, it traces this reluctance to the primacy of national over European identification.
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