Speaker: Dr Elaine Fahey - City University London
Series: Institute for the Study of European Laws research seminar series
The phrase of ‘global reach’ has long had connotations of world reach, success or influence, especially in a commercial context. While the idea of ‘global law’ remains contestable, traditionally theorisations of the reach of law globally have had a high Anglo-American rather than European content. ‘Global reach’ has taken on a ‘transatlantic twist’ and is used nowadays to depict legal emulations of EU law in parts of the world in a variety of ways, not limited to a commercial context as well as EU efforts at extra-territoriality. While there is a vast literature on the EU’s efforts to influence international politics and act as inter alia a ‘leadiator’ or leader, i.e. the ‘what’, ‘how’ and ‘why’, it has not usually had a legal focus. Specifically, it does not consider the unique character of EU law as a vehicle for these developments.
As to causative questions, the global reach and effects of EU law appear to result from the expansive limits of the internal market and the acceptance of the fluidity in the law and practice of external relations. It is argued here that there are reasons to harbor concerns about the global reach and effects of EU law, why it can occur but also how we understand its evolution. An aggrandizement of EU influence, competence, scope and even territory may increasingly score lowly in terms of social legitimacy, both inside and outside the EU. The paper considers, firstly, textual approaches to the formulation of the internal and external in primary and secondary Union law. Secondly, the account outlines four casestudies articulating the global reach and effects of EU law, and questions of legal causation. It assesses the place of legitimacy, specifically social legitimacy, within an account of the global reach and effects of EU law.
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When & where
1.00pm - 3.00pmWednesday 15th April 2015