*** CARLO SECCHI, ANTONIO VILLAFRANCA (editors): Liberalism in Crisis? European Economic Governance in the Age of Turbulence. Edward Elgar (The Lypiatts, 15 Lansdown Road, Cheltenham, Glos, GL50 2JA, UK. Tel: (44-1242) 226934 - fax: 262111 - email: info@e-elgar.co.uk - Internet: http://www.e-elgar.com ). 2009, 214 pp.. ISBN 978-1-84844-530-7.
Eminent scientists who put their knowledge at the service of very high profile national “ideas” centres (European Policy Centre, Centre for European Policy Studies in Brussels, Institut Français des Relations Internationales in Paris, Stiftung und Wissenschaft Politik in Berlin, Chatam House in London) under the guidance of Italian economists working for the Istituto per gli Studi di Politica Internazionale have just published this useful and extraordinarily positive economic and political book. Does the current economic and financial crisis mean that the “liberal dream” is melting under our very eyes? This question has reinvigorated certain ideological fantasies, which the authors of this book reject. In their introduction, Professor Secchi (University of Bocconi, Milan) and Antonio Villafranca examine questions relating to the position of the state in the economy, two examples of markets failing, the pro-active use of budgetary policies and the environmental sustainability of capitalism, questions that are as old as capitalism itself and which continually rise to the surface. The far-reaching nature and scale of the current crises mean that these questions have a particularly renewed pertinence again.
According to the authors of this book, this systemic crisis cruelly illustrates the imperative and urgent necessity of rethinking global economic governance, which they believe should be modelled upon approaches that are, “ not strictly economic but political as well”. In this context, the contribution to be expected - or even better - to be counted on from the European Union should be seen in this connection. All the different authors base their analyses on the conviction that the Union has been shown up to be as unprepared as the US in the face of the storm that has hit the global economy in recent months, displaying, “a lack of genuinely federal competences”, which has evidently complicated the task of the different leaders. Subsequently, recovery plans can be seen as, “a simple addition to examples of national intervention or, at best, an attempt to coordinate them”. The Union, however, remains a jigsaw puzzle with some of its pieces missing, “ a single currency, which has still not provided an optimal monetary zone; a monetary policy conferred on a federal entity (European Central Bank) has very few instruments to ensure efficient banking supervision (which still remains in the hands of the national central banks) and budgetary policies are made at a national level (despite efforts made under the Stability and Growth Pact”).
Excellent questions often come to the fore in times of crisis, so much so that in order to survive, we need to look over the edge of the precipice without attempting to hide behind deceptive facades, such as, for example, sacrosanct notions of national sovereignty. In this book, the two Italian editors, Carlo Altomonte and Franco Bruni (University Bocconi), together with, Karel Lannoo (CEPS), Hans Martens and Fabian Zuleeg (EPC), Jacques Mistral (IFRI), Francesco Passarelli (University Bocconi and Teramo) and Daniela Schwarzer (SWP) do not restrict themselves to simply posing questions but attempt to clarify the real stakes at play and formulate political recommendations that follow, which will allow the Union to ultimately provide itself with all the pieces of the missing jigsaw puzzle, indispensable not only to finding an exit strategy to the current economic crisis but also, more fundamentally, to enable Europe to become an essential player in the new global governance currently being constructed. It is crucial that Union decision makers and their counterparts from the member states realise this but if their eminently positive goals is not enough to win the doubters round, then their inaction will perhaps lead to a gloomy end for their respective populations, as underlined by Hans-Gert Pöttering in his preface, “an inability to find a suitable balance between European and national policies would undoubtedly lead to threatening the viability of the European economic system built over the last fifty or more years!” In these conditions, who will dare challenge irrationality whilst seeking to protect their old facades?
Pierre Bouvier
*** LAURENCE BOY, JEAN-BAPTISTE RACINE, FABRICE SIIRIAINEN (editors): Droit économique et droits de l'homme. Editions De Boeck / Larcier (39 rue des Minimes, B-1000 Brussels. Tel: (32-10) 482511 - fax: 482693 - Email: commande@deboeckservices.com - Internet: http://www.larcier.com ). “Droit / Economie international”. 2009, 710 pp, €105. ISBN 978-2-8044-3519-6.
Human rights are “expansionist”. Nothing, or almost nothing escapes their remit in the legal field or even in the realm of competition law. This is particularly the case in Europe - where, more than anywhere else, human rights have located the legal instruments appropriate for ensuring their effective respect. Nonetheless, as Professor Racine (University of Nice Sophia Antipolis) points out in his general introduction in this book, the encounter between economic law is essentially “materialist” and concerned with notions of ownership, while human rights are fundamentally “humanist” and concerned with “being” and subsequently provokes inevitable friction and problems. This book is of interest for this very reason and results from a colloquy organised by the legal economic research centre at the University of Nice just over a year ago. It seeks to clarify the modalities of this encounter by way of reflections carried out by legal experts from very diverse geographic horizons. “Outlines of a process for humanising economic law are made, as well as a broader outline for the economy itself” characteristic of the caution exercised by legal experts and a scientific daring that goes beyond mere appearances. Like a symphony, this book w as composed in three movements. In the first movement, the different dialogue that has taken place is highlighted, which links the two branches of law, such as the European Convention on Human Rights, the Inter-American Convention on Human Rights, the law on international investment and the World Trade Organisation. In the second movement, the authors tackle the ambiguities of this encounter in the context of enterprise and jurisprudence, economic freedoms, the disassociation between national social policies and economic integration, (which, perhaps, compromises the dawning of a social Europe) and finally, international competition law as seen as a “threat or guardian of human rights”. Possible and potential developments in this dialogue are examined in light of the affirmation of “rights for…” (copyright in the context of “rights to culture and access to intellectual works”, “environmental rights”, the “right to health”, the right to healthy food etc.) but also and above all, the right to these rights being effective because, as Professor Renucci explains in his preface, “cynicism, the instrumentalising of fund amental rights and economic realism, sometimes akin to realpolitik, are nothing but scholastic hypotheses”.
(MT)
*** MARC CHRISTOPHER KRAMB: Sanitäre und phytosanitäre Handelsbeschränkungen unter desm Einfluss des WTO-Abkommens. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen.
Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.net ). Collection "Schriften zur Internationalen Entwicklungs- und Umweltforschung". 2009, 261 pp., €51.20. ISBN 978-3-631-58978-6.
Free trade is now an integral part of our economic model. Some countries, however, including members in the World Trade Organisation, still seek to protect their export markets and producers. Even if tariff duties continue to fall and quotas are banned, WTO countries are increasingly using arguments based on quality to protect their markets, although these barriers to trade are regulated by the Health and Phytosanitary Agreement. In this book, Marc Christopher Kramb provides a far-reaching analysis of these new protectionist measures. In the first part of the book, he focuses on the WTO's body for settling trade disputes. He explores the body's origins and then looks at its national and supranational repercussions. He then looks at the Health and Phytosanitary Agreement in the context of the issue involving US beef and hormones. In the rest of the book, the author concentrates on economic globalisation, particularly the gravitational model for which the theory is explained in the fifth part of the book and further illustrated by the case of the beef-hormones dispute.
(JD)
*** PHILIPPE LAMBRECHT, CHARLES GHEUR (Editors): Les fédérations d'entreprises et les règles de concurrence / Federaties van ondernemingen en mededingingsregels. Editions De Boeck / Larcier (see address attached). 2009, 181 pp, €55. ISBN 978-2-8044-3571-4.
What actually are corporate federations in all Union member states other than bodies where company bosses and potential rivals meet each other? It is also a potential arena in which one could be suspected of breaching European competition law and making illegal agreements. This publication is an extension of a seminar organised by the Belgian Enterprise Federation and contains contributions in French and Dutch. Different experts seek to raise awareness among these associations and their members about this issue by way of pertinent examples about what is allowed and what is not.
(MT)
(MT)
*** NICOLAS THIRION (Editors): Droit international et européen des sociétés. Editions De Boeck / Larcier (see address attached). "Droit des sociétés" series. 2009, 264 pp., €68. ISBN 978-2-8044-3219-5.
This book is the result of a collective effort made by current and former writers working for the University of Liège's commercial law department. It provides a very useful panorama of standards applicable to the question of the free movement of companies beyond their countries of origin and the problems that result from this, such as subsidiaries, relocations, the creation of branches and agencies etc. The first part of the book identifies the different provisions adopted for taking into account the growing international nature of business. It looks at the two branches - private and public - of international law. The second part of the book is more weighty and looks at the rules adopted in the framework of Community Europe. The editor explains that the latter has, “a more than comprehensive legal regime to ensure, within the common and single market, optimal corporate mobility”. In a highly logical approach, the authors deconstruct this overall construct by examining the provisions in question: primary law, derived law and jurisprudence pertaining to the European Court of Justice. This exploration was updated until 31 December 2008 and does not tackle related domains such as company law as such, including financial, stock market or social law but does look at standards applicable to the Belgian legal system. (PBo)
*** KIM ERIC MÖRIC: Les partenariats public-privé. Le choix du partenaire privé au regard du droit communautaire. Editions De Boeck / Larcier (39 rue des Minimes, B-1000 Brussels. Tel: (32-10) 482511 - fax: 482693 - Email: commande@deboeckservices.com - Internet: http://www.larcier.com ). 2009, 264 pp., €79. ISBN 978-2-8044-2927-0.
It goes without saying that the economic crisis and the subsequent budgetary constraints in most countries for months and (years?) to come, make partnerships where the private sector takes charge of the risks traditionally assumed by the public sector, more attractive than ever. This book is therefore extremely appropriate. It was drafted by a lawyer (and scientific collaborator at the Free University of Brussels) and examines the standards contained in Community law, in addition to rulings made by the European Court of the Justice shaping these partnerships. The author subsequently demonstrates that despite the absence of a specific legal framework, an ensemble of principles and standards exists that is sufficiently clear to help determine rules and procedures when deciding on the choice of private partners and implementation of partnerships of this kind. The lines of power that require attention are illustrated, as well as a glossary and index, which usefully complete this book. Even though it is primarily aimed at a Belgian readership, this book would also be of interest to those interested in this field. (PBo)
*** ANTOINE MASSON (Editors): Les stratégies juridiques des entreprises. Editions De Boeck / Larcier (see address attached). 2009, 559 pp., €55. ISBN 978-2-8044-1655-3.
Supervised by an official at the Union's Public Services Court, who is also a researcher at the University of Luxembourg and the Jules Verne University of Picardy, this book seeks to tackle the issue of management and law. It also aims at providing an analysis of the different stakes at play facing company executive officers in this legal arena. Far from considering as a constraint, increasing numbers are considering law as a resource for attaining their commercial, industrial and financial objectives. Nonetheless, as Antoine Masson indicates in his introduction, "it is not enough to ask whether a trade strategy complies with one or another rule for a bona fide legal strategy to be implied". Subsequently, the priority of this book's authors is to analyse the implications of the notion of a legal strategy through the different approaches (both theoretical and practical), in an effort to provide an optimal outline of the appropriate parameters. In the second part of the book, different successful legal strategies employed are presented. Given that the Union is now the main source of business law, emphasis is particularly placed upon legal strategies related to Community law. Finally, the third part of the book tackles the question of the, "sometimes schizophrenic attitude of certain standardising systems in the context of legal strategies", to the extent that it is true that although the law allows for certain limitations to be placed on their application, this is certainly not always the case.
(PBo)