Der vorliegende Band umfasst eine Auswahl der mehr als 200 Vorträge, die das Europa Institut Zürich EIZ seit 1992 organisiert hat. Wir möchten sie damit einem breiteren Publikum zugänglich machen und viele, auch heute noch bedeutsame Gedanken in Erinnerung rufen. Auch ist der Band Teil unseres 30-jährigen Jubiläums, mit dessen Feier wir den vielen Wegbegleitern, Unterstützern und der interessierten Öffentlichkeit danken möchten.
Crises are not a new phenomenon in the context of European integration. Additional integration steps could often only be achieved under the pressure of crises. At present, however, the EU is characterised by multiple crises, so that the integration process as a whole is sometimes being questioned. In 2015, the crisis in the eurozone had escalated to such an extent that for the first time a member state was threatened to leave the eurozone. Furthermore, the massive influx of refugees into the EU has revealed the shortcomings of the Schengen area and the common asylum policy. Finally, with the majority vote of the British in the referendum of 23 June 2016 in favour of the Brexit, the withdrawal of a member state became a reality for the first time. Even in the words of the European Commission, the EU has reached a crossroads. Against this background, the twelfth Network Europe conference included talks on the numerous challenges and future integration scenarios in Europe.
As opposed to a bank bailout, a bail-in occurs when creditors are forced to bear some of the burden of bank failure. The principal aim of this restructuring tool is to eliminate some of the risk for taxpayers. Several jurisdictions, including Switzerland and the European Union (EU), have adopted legal provisions regarding the bail-in, but until this, book literature on its implementation has been scarce. Offering a detailed and comparative analysis of EU and Swiss law relating to bail-ins and their economic impact, this is the first book to provide in-depth coverage of this new method of dealing with the failure of systemically important banks. In its contextualisation and analysis of the bail-in resolution tool, the book identifies and discusses the legal and economic issues that arise, including such aspects as the following: – the legal and economic properties of bail-in capital; ? the regulatory standard on total loss-absorbing capacity (TLAC) issued by the Financial Stability Board (FSB); ? the scope and sequence of liabilities subjected to bail-in; ? the legal position of stakeholders affected by a bail-in; ? strategies and procedures for the implementation of a bail-in; ? the limited circumstances under which government rescues should be available; and ? cross-jurisdictional issues and aspects of international cooperation. As well as case studies and analyses of legal issues with particular reference to Swiss law and the European Bank Resolution and Recovery Directive (2014/59/EU), the author applies economic concepts to the analysis of the law. International developments, in particular standards issued by leading regulatory bodies, are also covered. This book will be welcomed by legal practitioners working in banks and in banking regulation and by policymakers seeking information on the practical issues involved. As a detailed analysis of a new and highly significant development in banking law, it will also be of great interest to academics.
The conditions for security in Europe in the 21st century differ from those in the second half of the 20th century. The consequences of the East-West conflict no longer determine the security agenda. Due to the pan-European process of integration and cooperation, European countries have the chance of a future together in an “area of peace, freedom, security and justice”. However, the security situation in Europe is determined by new threats and risks. Comprehensive security means that external and internal as well as civilian and military security aspects are closely linked. It goes beyond traditional security issues and includes, inter alia, instruments of economic, social, and health policy. In addition, today's threats are of cross-boarder nature: Threats like attacks on the security of IT systems, organized crime, and climate change appear to be solvable mainly through international cooperation. Thus, the role of international organizations is becoming more important. The 11th Network Conference analysed the existing security architecture of Europe in the above mentioned political areas. The contributions can be found in this publication.
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
With the White Paper on the Future of Europe, the European Commission had launched a debate on fundamental reforms of the Union structures in 2017. A total of five reform scenarios ranged from a reduction and focusing of the Union’s competences to increased integration in the sense of a United States of Europe. However, the White Paper did not have any consequences; none of the reform scenarios presented was implemented. However, current global challenges in the areas of health, climate change and energy resources as well as the shift in the global balance of power and related security issues demonstrate the increasing importance of a strong and united Europe. The idea of an “ever closer union”, as laid down in the preamble of the 1992 EU Treaty, could experience a renaissance. Against this background, the 13th Network Europe Conference addressed the importance of the integration project in times of global crises and the challenges in various policy areas, as well as the EU’s relations with its eastern and southern neighbors and its role vis-à-vis global actors such as China and Russia. This publication contains the conference contributions.
This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".
Weiler, J.H.H. with Ulrich Haltern and Franz Mayer : European Democracy and its critics - Five uneasy pieces. p. 5-43. Aubert, Jean-François : Commentaire. p. 45-51. Bieber, Roland : Der Beitrag des Europäischen Parlaments zur demokratischen Fundierung der Europäischen Union. p. 53-61. Emmert, Frank : Die institutionelle Reform der Europäischen Union und die künftige Rolle des Europäischen Parlaments. p. 63-74.
