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The Interplay between the EU's Return Acquis and International Law

The Interplay between the EU's Return Acquis and International Law
Author: Támas Molnár
Publisher: Edward Elgar Publishing
Total Pages: 272
Release: 2021-04-30
Genre: Law
ISBN: 1839105232

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This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.


Interactions Between EU Law and International Law

Interactions Between EU Law and International Law
Author: TAMAS. WESSEL MOLNAR (RAMSES A.)
Publisher:
Total Pages: 0
Release: 2024-10-28
Genre: Law
ISBN: 9781800888753

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Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely and state-of-the art contribution to this important field of study. Adopting perspectives from both inside and outside the EU, chapters use international law as a starting point to see how it plays out in the context of EU law as well as vice versa. This work not only reveals the differences between these two legal orders, but also highlights that the EU (and its legal system) is not isolated from international law and follows these rules in its external relations. Wearing the lenses of both international and EU law, it considers the EU and its legal order from an international community viewpoint and assesses the reception and role of EU law in international law. Interactions Between EU Law and International Law presents a unique academic appraisal of the multi-layered interconnections between EU law and international law and provides an invaluable resource for scholars and students of public international law, EU law, international politics and European politics and policy. Its nuanced insights and accessible style will also benefit legal practitioners, policymakers, diplomats and legal advisors dealing with the EU and its Member States - both within the EU and beyond.


The EU and its Member States’ Joint Participation in International Agreements

The EU and its Member States’ Joint Participation in International Agreements
Author: Nicolas Levrat
Publisher: Bloomsbury Publishing
Total Pages: 366
Release: 2022-02-24
Genre: Law
ISBN: 1509945881

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EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.


Multilateral Compliance Mechanisms in EU Environmental Law

Multilateral Compliance Mechanisms in EU Environmental Law
Author: Birgit Hollaus
Publisher: Edward Elgar Publishing
Total Pages: 333
Release: 2023-07-01
Genre: Law
ISBN: 1035302608

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Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.


European Migration Law

European Migration Law
Author: Daniel Thym
Publisher: Oxford University Press
Total Pages: 721
Release: 2023-05-16
Genre: Law
ISBN: 0192646729

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This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.


Research Handbook on EU Migration and Asylum Law

Research Handbook on EU Migration and Asylum Law
Author: Evangelia Tsourdi
Publisher: Edward Elgar Publishing
Total Pages: 543
Release: 2022-12-08
Genre: Law
ISBN: 1786439638

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This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.


Handbook on Legal Cultures

Handbook on Legal Cultures
Author: Sören Koch
Publisher: Springer Nature
Total Pages: 1171
Release: 2023-05-30
Genre: Law
ISBN: 3031277457

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Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.


Enhancing the Rule of Law in the European Union’s External Action

Enhancing the Rule of Law in the European Union’s External Action
Author: Luis M. Hinojosa-Martínez
Publisher: Edward Elgar Publishing
Total Pages: 373
Release: 2023-07-01
Genre: Law
ISBN: 1035312328

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This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.


Inventing Majorities

Inventing Majorities
Author: Mykhailo Minakov
Publisher: BoD – Books on Demand
Total Pages: 390
Release: 2022-03-22
Genre: Political Science
ISBN: 3838216415

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The recent history of post-Soviet societies is heavily shaped by the successor nations’ efforts to geopolitically re-identify themselves and to reify certain majorities in them. As a result of these fascinating processes, various new ideologies have appeared. Some are specific to the post-Soviet space while others are comparable to ideational processes in other parts of the world. In this collected volume, an international group of contributors delves deeper into recent theoretical constructions of various post-Soviet majorities, the ideologies that justify them, and some respectively formulated policy prescriptions. The first part analyzes post-Soviet state-builders’ fixation on certain constructed majorities as well as on these imagined communities’ symbolic self-identifications, in- or outward othering, and national languages. The second part deals specifically with post-Soviet ideas of sovereigntism and the way they define majorities as well as imply changes in internal and external policies and legal systems. These processes are analyzed in comparison to similar phenomena in Western societies. The book’s contributors include (in the order of their appearance): Natalia Kudriavtseva, Petra Colmorgen, Nadiia Koval, Ivan Gomza, Augusto Dala Costa, Roman Horbyk, Yana Prymachenko, Yuliya Yurchuk, Oleksandr Fisun, Nataliya Vinnykova, Ruslan Zaporozhchenko, Mikhail Minakov, Gulnara Shaikhutdinova, and Yurii Mielkov.


Frontex and Non-Refoulement

Frontex and Non-Refoulement
Author: Roberta Mungianu
Publisher: Cambridge University Press
Total Pages: 275
Release: 2016-08-18
Genre: Law
ISBN: 1316790827

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Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.