Operating Law in a Global Context

Jean-Sylvestre Bergé, Professor, l’Université Nice - Côte d’Azur, France and Geneviève Helleringer, Professor, Essec Business School, Fellow of the Institute of European and Comparative law, Oxford, UK

• Contents: Introduction Part I Comparing national, international and European law 2. Comparing scopes of application 3. Comparing conditions of enforceability 4. The comparison of methods and solutions Part II Combining national, international and European law 5. The complementarity of laws 6. The phenomenon and the constraint of circulation Part III The Prioritization of National, International and European Law 7. Prioritization through the application of the law on one level: the appeal to a hierarchy of norms 8. Prioritization through the application of the law at another level: the appeal to a prioritized law 9. Conclusion Index

'This highly original book is a study in global legal reasoning to solve international cases. Departing from concrete cases taken from a number of domestic systems it shows lawyers that in order to reach a solution their reasoning must be organised according to a three-step approach, consisting of (I) comparison, (II) combination and (III) establishing priority of the methods and solutions of national, European and international law. The detailed discussion cuts across many domains, including criminal law, contract law, fundamental rights, internal market, international trade and procedure.'