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Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU

Edited by: Nuno Cunha Rodrigues

ISBN13: 9783030822934
Published: October 2022
Publisher: Springer International
Country of Publication: Switzerland
Format: Paperback (Hardback in 2021)
Price: £139.99
Hardback edition , ISBN13 9783030822903



Despatched in 11 to 13 days.

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle.

The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services.

The twenty-one contributing authors are internationally respected experts on EU law.

Subjects:
EU Law
Contents:
Introduction
Nuno Cunha Rodrigues
EU Competition Law
Unilateral Application of Competition Laws to Transnational Business Transactions: The Development of the “Effects” Doctrine in the US and the EU
Peter Behrens
Extraterritoriality in EU Competition Law
Marek Martyniszyn
Extraterritoriality in Japanese Competition Law: Reaching Foreign Entities in the Face of Changing Global Norms
Masako Wakui
Extraterritorial Effects of EU Law on Gas Pipelines: The Case of Gazprom and Nord Stream 2
Ignacio Herrera Anchustegui, Nuno Cunha Rodrigues
Extraterritoriality of EU Competition Law and the Changing Face of Global Cartel Enforcement
Pieter J. F. Huizing
The Three Body Problem: Extraterritoriality, Comity and Cooperation in Competition Law
Pedro Caro de Sousa
The Extraterritoriality of European Competition Law Under a Brazilian Perspective
Daniel Favoretto Rocha
Foreign Investment and Internal Market
EU, China, and Technical Standards in the Belt and Road Initiative (BRI): Extraterritoriality or Transnational Governance?
Francis Snyder
Filling the Regulatory Gap to Address Foreign Subsidies: The EC’s Search for a Level Playing Field Within the Internal Market
Nuno Cunha Rodrigues
The Conclusion of Trade Agreements and the EU’s Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Considerations
Eva Kassoti, Ramses A. Wessel
Extraterritorial Effects of EU Financial Markets Laws
Johan Schweigl
Extraterritoriality and EU Standards in Investment Law: The Reform of the Energy Charter Treaty
Claas Friedrich Germelmann
EU Consumer Law
Adjusting National Consumer Protection Legislation in Georgia, Moldova and Ukraine to EU Standards: Practices, Experience and Challenges
Oksana Holovko-Havrysheva
EU Environmental Law
Extraterritoriality and the Impact of EU Regulatory Authority: Environmental Protection as Soft Power
Jamile Bergamaschine Mata Diz, Hélio Eduardo de Paiva Araújo