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Chapter 1 introduces the main issues raised in Labour Law and its social and economic significance in regulating workplace relations. The chapter introduces the principal sources of labour law in the UK, which include statutes, the common law and European law and the difficulties in securing compliance by employers with those laws. It describes the system of employment tribunals and ordinary courts where disputes are resolved. Finally the chapter introduces some contemporary themes concerning precarious work, work/life balance and human rights at work.
Here, the significance of mandates is shown for the initiation, pursuit, and outcome of mediation, as demonstrated by the Nordic cases of mediation from the past seventy-five years. Mandates influence the selection of mediator, but we argue that mediators can influence the mandate and develop it, within the confines set by the warring parties and the mandator. Some mandates are vague, which can allow space for the mediator, and mandates may change over time. Either way, they are important for the pursuit and outcome of the mediation. Five general conclusions are proposed for research and practice, including the mismatch between mandates and support for mediation efforts. In particular, the chapter emphasizes the utility of the mediation staircase for assessing outcomes. It also encourages the study of non-Nordic cases of mediation.
This study examines the role of political campaigns in reducing voter susceptibility to framing effects. The case chosen is the 2022 EU defence opt-out referendum in Denmark. Using a novel survey experiment design that exposed voters to arguments at the start and the end of the campaign, we were able to directly test the impact of a real-world campaign on voter susceptibility to frames. The findings reveal a notable reduction in framing effects. Initially, loss-related framed arguments swayed voters, but this impact waned at the campaign’s end. Our analysis suggests that the campaign provided voters with information and arguments that made them less susceptible to framing effects and instead empowered voters to make informed decisions on the referendum based on their own attitudes towards the EU. In the conclusions, we encourage further research on susceptibility to elite messages in real-world settings.
Edited by
Grażyna Baranowska, Friedrich-Alexander-Universität Erlangen-Nürnberg,Milica Kolaković-Bojović, Institute of Criminological and Sociological Research, Belgrade
In the last decade, the number of migrants within the African continent has increased significantly, which triggered many African states to adopt laws criminalizing illegal entry or working without a work permit. Further, the European Union has signed agreements with several African states to prevent migrants entering the EU, which resulted in many migrants are utilizing dangerous routes, being exposed to serious human rights violations, including enforced disappearances. The Convention for the Protection of All Persons from Enforced Disappearance prohibits expulsion of persons who can be in danger of being tortured or forcibly disappeared. However, many states lack these provisions within the domestic laws or do not implement them, leaving many migrants vulnerable to criminal gangs and state security abuses. However, the lack of political will, technical expertise, lack of legal structure and understanding of the crime of enforced disappearances all lead to the failure of the states to prevent enforced disappearances of the migrants on the continent.
Chapter 2 explores an important premise which underlies this critique of the law: it examines the idea that disfigurement inequality is a problem which merits a legal response – namely the granting of protective rights under the Act. It concludes that, despite some uncomfortable distinctions, there is a compelling case for a legal response in this area. The nature of law’s current response is then laid out. Relevant parts of the international legal framework – including EU law, the UN Convention on the Rights of Persons with Disabilities (‘CRPD’) and decisions of the European Court of Human Rights (‘ECtHR’) applying the European Convention on Human Rights – are explained by reference to the models of disability which implicitly inform them.
This study analyzed standardized excess mortality due to specific causes during the Covid-19 pandemic across 33 European countries, using Eurostat data (2016–2021) and Our World in Data databases. Causes included circulatory and respiratory diseases, neoplasms, transport accidents, and “other” causes (e.g., diabetes, dementia, ill-defined conditions). Additional variables such as vaccination rates, economic and health indicators, demographics, and government stringency measures were also examined. Key findings include: (1) Most European countries (excluding Central and Eastern Europe), recorded lower than expected excess mortality from circulatory and respiratory diseases, neoplasms, and transport accidents. Ireland had the lowest excess respiratory mortality in both 2020 and 2021; (2) Croatia, Cyprus, Malta, and Turkey showed significant positive excess mortality from “other” causes, potentially linked to public health restrictions, with Turkey as an exception; (3) Regression analysis found that higher human development index and vaccination rates were associated with lower excess mortality. Policy Implications are: (1) Statistically significant positive or negative cause-specific excess mortality may indicate future health trends; (2) The pandemic and government stringency measures negatively affected mortality from “other” causes; (3) Strengthening health system resilience, investing in digital medicine, directing aid to countries with weaker systems, and supporting disadvantaged groups are key recommendations.
Exposure to endocrine disrupting chemicals is linked to negative health impacts, including non-communicable diseases such as obesity, cardiovascular diseases and cancer. This disease burden compromises consumer safety and costs the European Union an estimated €163 billion per year. Given these stakes, the importance of effectively regulating EDCs in food is paramount. Yet regulators face difficult challenges: scientific uncertainty, the ubiquity of EDCs in food products, and pressure from economic and political interests all complicate legislative responses. From a risk regulation perspective, the core problem is how to protect public health from EDC risks in food amidst these uncertainties and constraints. This paper addresses the problem by examining the current EU regulatory framework for managing EDCs in the food supply chain, identifying gaps and weaknesses, and proposing improvements to better safeguard public health. From this risk regulation perspective, the paper highlights the benefits of ensuring regulatory action keeps pace with scientific evidence, leveraging the General Food Law Regulation for a comprehensive approach to EDCs, and developing sector-specific EDC regulation across the food supply chain.
Chapter 4 examines how countries with different scientific institutional histories and income levels have dealt with scientific uncertainty and the ethics of ‘experimental’ interventions using so-called mesenchymal ‘stem’ cells, that is cells of uncertain therapeutic character. Observing regulatory practices for clinical research and commercial interventions in the context of global competition, the chapter describes the complex intertwinement of catering for patient needs and demands, the protection of high quality scientific research, the affordability of testing methods, and the prospect of economic growth through investment into regenerative medicine in China and in higher-income countries (HICs). HICs that traditionally have had the power to define standards and conditions set by regulation, even when that power is on the wane, still enjoy considerable ‘regulatory immunity’: their reputation allows HICs to tolerate regulatory violations. In HICs, a scientific boundary is commonly asserted between established stem cell scientists and clinical providers that violate official guidelines. Scapegoating, here, is used as means to defend the reputation of the regulated collective against unauthorized, but tolerated clinical cell-applications. Examples show that the USA and the EU have used regulatory immunization to protect the reputation of stem cell communities alongside violators.
This second chapter on transnational approaches to grand corruption looks at other ways to pressure corrupt governments when internal controls like the judiciary or auditors don’t work. It looks at individual or “smart” sanctions for human rights violations or grand corruption in the US, EU, UK, Canada and elsewhere. It then considers cases based on extraterritorial jurisdiction, private standards and certifications, and conditions placed by international development banks and agencies as sources of pressure and redress.
This chapter explores why the European Union (EU), which was not one of the original promoters of the Investment Facilitation for Development (IFD) agenda in the World Trade Organization (WTO), has become one of its most vocal supporters. We argue that embracing investment facilitation serves EU strategic goals of reviving multilateralism, bringing the fractious US–China relation back into the fold of multilateral disciplines, and assert itself as a leader in the field of sustainable development. After first tracing the emergence of the investment facilitation agenda at the international level, we then highlight the puzzling character of the EU’s embrace of the multilateral IFD agenda, before showing that changing institutional and (geo)political conditions provided the EU with a window of opportunity to act in 2017. In the last part, we briefly discuss the key elements shaping the EU’s preferences in the contemporary IFD negotiations and as well as the factors shaping its capacity to become a rule-maker.
We argue that the post-Fukushima nuclear safety debates in the United States and Europe fundamentally altered the definition of nuclear safety. In the United States, the industry effectively took control by strengthening technical measures as the solution to nuclear safety concerns. In France, technical solutions were part of the process, but they were less dominant than in the United States and were overshadowed by larger organizational shuffles. The European Union, in contrast, engaged in a drawn-out debate over the very definition of nuclear safety, resulting in a stress test initiative that, while cumbersome and frustrating to many, included truly deliberative elements and ultimately revealed just how precarious the definitions of control and nuclear safety were.
This chapter evaluates anti-money laundering (AML) regulation of crypto-assets in the UK with a focus on the UK implementation of the EU’s 5th Money Laundering Directive. The UK implementation had a broader scope than that required under the Directive; however, there was a lack of specific requirements and guidance on certain potentially higher-risk areas including privacy coins, mixers, and decentralised finance (DeFi). This chapter suggests that specific AML requirements and guidance on these potentially higher risk areas may help ensure the associated risks are effectively mitigated.
Over the past 20 years, the European Union (EU) has shifted the emphasis of its trade policy from multilateral agreements towards bilateral preferential trade agreements (PTAs) and, more recently, to unilateral policy instruments. In this article we analyze the EU’s growing ambitions in promoting environmental sustainability in the context of these shifts. We advance an analytical and a conceptual argument, focusing on a product group that is highly relevant to the EU’s green transition: aviation fuels. We argue that the increasing hardness and ambition of the EU’s environmental policy instruments on the sustainability of aviation fuels contributes to a trend of ‘unilateralization’ in EU trade policy. Our analysis further illustrates how the complementary qualities of hardness and ambition in the multi-, bi-, and unilateral EU instruments lead to their flexible combination in the EU trade policy mix. Based on these findings, we propose to describe and critically analyze the EU’s current approach as ‘flexilateralism’. The EU has changed from prioritizing multilateralism to a more pragmatic, flexilateral approach, rather than for fully fledged bilateralism or unilateralism. This is what the EU’s more assertive ‘strategic autonomy’ may be about: a flexilateral approach to better address issues such as environmental sustainability with the most useful combination of instruments available.
Virtually all philosophical discussions of the rule of law’s meaning assume that the proper horizon of the concept is the national legal system, or what I call “the rule of law writ small.” But governments are bound by a web of transnational legal obligations that should also be considered part of the rule of law’s scope. Analyzing whether the rule of law is honored against the backdrop of both national and transnational law gives us “the rule of law writ large.” This concept has particular force in the context of backsliding (and democracy-restoring) governments when autocrats first pull their governments away from transnational norms before newly elected democrats seek to restore compliance with those norms. While both sorts of governments may change domestic law, and pack political institutions with those who share their values and fire those who get in their way, only the democracy restorers can be said to be honoring the rule of law writ large.
The EU's non-financial reporting (NFR) regulations have significant impacts on Global South stakeholders, firms that must report, actors lower in the value chain, and organisations seeking investment from NFR-compliant firms or institutions. This paper sets forth six proposals to improve the global equity and sustainability implications of the EU's NFR from a Global South perspective. The proposals involve (1) developing regulation cooperatively with the Global South; (2) streamlining reporting to enable the regulations to have real effects and limit incorrect accounting; (3) digitalising reporting through accessible technologies for greater accountability and lower administrative burdens; (4) mandating scope 3 emissions accounting and incentivising related investment; (5) anchoring financial institutions' role in ethical investment and bridging Northern and Southern actors; and (6) strengthening citizen data and sustainability literacy to close the circle of incentives, implementation, and impact.
This chapter examines if the systems of evidence in annulment, failure to act proceedings, and actions for damages, are designed to support private parties’ access to and participation in actions brought directly before the EU courts. Against the backdrop of evidence theory and the so-called procedural abilities doctrine, this chapter argues that, in the context of direct actions, the principle of effective judicial protection receives a restrictive reading. As a result, the requirements that private parties must meet to launch those actions do not, in practice, give way to broad procedural abilities and an unhindered access to the Union courts. These requirements thus seem designed to uphold a (strong) presumption of lawfulness of the EU legislature’s normative action, seeking to preserve the stability and coherence of EU law, rather than to ensure an effective access to, and exercise of the legal remedies included in the EU Treaties’ system of procedures.
This chapter examines Sweden’s emissions trends and the evolution of climate policy in an international perspective by focusing on its role and interdependent relationship with climate action in the EU and with international climate coalitions. The chapter examines the assumption that Sweden is a front-runner and role model in setting and implementing ambitious climate policy. The emission trends across sectors suggest that Sweden has been able to swiftly reduce its emissions, in particular from industry and energy conversion, but that current reduction rates are insufficient to reach its decarbonization target. Reducing emissions in agriculture and transport poses perhaps the greatest challenges for the Swedish state. The chapter also discusses the limits and possibilities for the State to implement its decarbonization target while being dependent on the climate policies in the EU, notably the Emission Trading Scheme (ETS). It also looks at Sweden’s role in international climate governance by zooming in on its role in international climate collaborations and clubs. Finally, the chapter provides three reasons for caution when it comes to Sweden’s reputation as a role model. First, that the rate of GHG reduction has declined significantly. Second, that consumption-based approaches to counting GHG emissions demonstrates that Sweden remains a high-emitting country. Third, that Sweden’s consumption-levels are far above the global average and its current consumption patterns should not be emulated by other countries.
The Artificial Intelligence Act (AI Act) of the European Union (EU) claims to be based on a risk-based approach to avoid over-regulation and to respect the principle of legislative proportionality. This paper argues that risk-based regulation is indeed the right approach to AI regulation. At the same time, however, the paper shows that important provisions of the AI Act do not follow a truly risk-based approach. Yet, this is nothing that cannot be fixed. The AI Act provides for sufficient tools to support future-proof legislation and to implement it in line with a genuine risk-based approach. Against this background, the paper analyses how the AI Act should be applied and implemented according to its original intention of a risk-based approach, and what lessons legislators around the world can learn from the AI Act in regulating AI.
From Brexit to the rise of China, the deterioration of the special relationship with the United States and the return of war to Europe in Ukraine, this chapter will explore how the UK’s position in the world has faced both challenges and opportunities over the last fourteen years. The analysis will focus on how different Conservative premierships used or wasted these global changes, and how it has affected UK foreign policy and Britain as a whole (particularly Brexit’s influence on domestic policy and politics).
The chapter examines how the radical Right’s counter-hegemonic struggle relates to other struggles for power in contemporary world politics and attacks on the so-called liberal international order (LIO). Drawing on recent literature on struggles for recognition, we show how the radical Right has built powerful transversal, global alliances based on a logic and discourse of difference and diversity rather than claims to Western superiority. We illustrate this through an analysis of an emerging global alliance in defence of the ‘natural family’. The radical Right’s civilisationalism and calls for multipolarity also enable complex, strategic convergences with illiberal states such as China and Russia, as well as states and people in the Global South. The multi-polar, civilisational world order envisioned by the radical Right is not anti-hierarchical and inclusive, but legitimises new differences and new forms of exclusion through its claims to cultural diversity. It is a more sovereigntist vision of the world in which exclusionary illiberal forces would be able to operate with fewer international constraints.