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Vol 24 No 5 May/June 2019

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The Transformation of Enforcement: European Economic Law in a Global Perspective

Edited by: Hans W Miklitz, Andrea Wechsler

ISBN13: 9781509924479
Published: August 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £37.99
Hardback edition , ISBN13 9781849468916

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This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective.

The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law.

Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives.

As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order

This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.

EU Law
Part I: Introduction
1. Introduction: The Transformation of Enforcement - European Economic Law in Global Perspective Hans-W Micklitz and Andrea Wechsler

Part II: Theorising Justice: Analytical and Multidisciplinary Perspectives on Enforcement
2. Enforcement in the Shadows of Transnational Economic Law Robert Wai
3. Enforcement of Foreign Judgments: Governance, Rights, and the Market for Dispute Resolution Services Christopher A Whytock
4. Can Legal and Political Culture Explain the Successes and Failures of European Law Compliance? Marlene Wind

Part III: The Supply and Demand Side of Justice: Stakeholders and Institutions
5. Against False Settlement: Designing Efficient Consumer Rights Enforcement Systems in Europe Horst Eidenmuller and Martin Fries
6. Transformations in Public and Private Enforcement Christopher Hodges and Naomi Creutzfeldt
7. The Interaction Between Private and Public Enforcement in European Competition Law Josef Drexl

Part IV: Shaping Justice: The Court of Justice of the European Union
8. The Impact of the Court of Justice on the European Law Enforcement Architecture R Daniel Kelemen
9. Alternatives to the Court of Justice of the European Union in the Field of Intellectual Property Law Marcus Norrgard

Part V: Rendering Justice: Procedures, Compensation, Sanctions
10. US Class Actions: Promise and Reality Christopher Hodges
11. The Role of Enforcement in Delineating the Scope of Intellectual Property Rights Reto M Hilty
12. From Transnational Principles to European Rules of Civil Procedure: Reflections on the Potential of Case Management for the Resolution of Mass Disputes Ianika N Tzankova
13. Private Antitrust Damages Actions in the EU: Chronicle of an Attempted Golpe Andrea Renda

Part VI: Globalising Justice: Transnational Enforcement Mechanisms
14. The Challenges of Transnational Contractual Enforcement: The Relative Merits of Arbitration and State Courts Litigation Sandrine Clavel
15. Competition Law Enforcement Beyond the Nation-State: A Model for Transnational Enforcement Mechanisms? Katalin Cseres

Part VII: Governing Justice: Public Accountability of Enforcement
16. The Role of Procedural Law in the Governance of Enforcement in Europe Burkhard Hess
17. The Legitimacy and Public Accountability of Global Litigation: The Particular Case of Transnational Arbitration Diego P Fernandez Arroyo

Part VIII: Conclusions
18. Conclusions: Enforcement in Europe as a Market of Justice Andrea Wechsler and Bosko Tripkovic