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The Legal Practice in International Law And European Community Law

The Legal Practice in International Law And European Community Law
Author: Carlos Jiménez Piernas
Publisher: Martinus Nijhoff Publishers
Total Pages: 706
Release: 2007
Genre: Law
ISBN: 9004154264

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This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.


The Law of the European Union and the European Communities

The Law of the European Union and the European Communities
Author: Pieter Jan Kuijper
Publisher: Kluwer Law International B.V.
Total Pages: 1456
Release: 2018-09-28
Genre: Law
ISBN: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.


International Law Aspects of the European Union

International Law Aspects of the European Union
Author: Martti Koskenniemi
Publisher: Martinus Nijhoff Publishers
Total Pages: 346
Release: 1998
Genre: Law
ISBN: 9789041104885

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The debate about the relationship between international and community law usually centres on the question of which of these two 'belongs' to the other, and how 'special' community legal order is in relation to international law. In this volume, a distinguished group of Finnish and British academics and practitioners break new ground by, instead of becoming mired in these questions, clearly examining the international law aspects of the activities of the Community and the Union. In doing so, they have elucidated points of connection and possible points of conflict. The result is a thought-provoking collection of essays which examines community law through the conceptual grid of international law, and thus enriches our understanding of the workings of both.


International Law as Law of the European Union

International Law as Law of the European Union
Author: Enzo Cannizzaro
Publisher: Martinus Nijhoff Publishers
Total Pages: 428
Release: 2011-10-28
Genre: Political Science
ISBN: 9004215522

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Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.


Lawyering Europe

Lawyering Europe
Author: Antoine Vauchez
Publisher: Bloomsbury Publishing
Total Pages: 317
Release: 2013-03-13
Genre: Law
ISBN: 1782250948

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While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.


Concise Introduction to EU Private International Law

Concise Introduction to EU Private International Law
Author: Michael Bogdan
Publisher: Apollo Books
Total Pages: 244
Release: 2012
Genre: Civil law
ISBN: 9789089521088

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This concise book is mainly intended to be used as an introduction to the rules of private international law belonging to the legal system of the European Union. It provides legal practitioners with an overview of this highly complex field of law and can serve as an introductory textbook in elective undergraduate courses and master programs offered today by many law schools both to their own students and to exchange students from other countries. The book will hopefully also be useful as a spring-board towards more profound studies of statutory texts, case law and legal literature. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.


L'intégration Du Droit International Et Communautaire Dans L'ordre Juridique National

L'intégration Du Droit International Et Communautaire Dans L'ordre Juridique National
Author: Pierre Michel Eisemann
Publisher: Martinus Nijhoff Publishers
Total Pages: 606
Release: 1996-06-26
Genre: Law
ISBN: 9789041102690

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Just how International and European Community Law is being integrated into domestic legal systems is as yet not too well known. To gain a clear overview of this grey area requires more than knowing about the various constitutional rules. What is also needed is a study of little-known administrative practices and the attitudes of the national courts, where case-law is often as complex as it is diverse. When all these elements are taken into account, the general picture that emerges is a much more subtle one, transcending the classical positions based on the theories of monism and dualism. To grasp this reality and go beyond preconceived ideas, it seemed indispensable to make a thorough analysis of national practices. To this end, the International Law Centre of the University of Paris XIII (Cedin Paris XIII) took the initiative, in 1990, of setting up a network of European international lawyers to work on the theme International norms and legal barriers'. This book presents the outcome of the network's programme. The research was organized on the basis of a single questionnaire which provided the outline of a common workplan, to which each of the contributors has adhered. Detailed comparisons of national practices can now be made, relating in particular to international treaties, acts of international organisations and of the European Communities, and to unwritten international law. This is the first time that such a comprehensive and detailed survey has been made of all thirteen countries. Reading the national reports one after the other provides complete information on domestic practices; reading them crosswise gives a direct comparison between the different countries on specificissues.


International Law

International Law
Author: Eric Suy
Publisher: Martinus Nijhoff Publishers
Total Pages: 852
Release: 1998-05-11
Genre: Law
ISBN: 9789041105820

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Professor Suy occupies a prominent place in international law, both as an academic lawyer as well as the former Under-Secretary-General & Legal Counsel of the United Nations. His activities as a teacher, scholar, UN Legal Counsel, keynote speaker on many occasions & as a legal advisor to Belgian & foreign governmental authorities naturally led to the sub-divisions of this volume, such as the law of international organizations, the law of the European Union, the law of armed conflict, & the peaceful settlement of disputes. The contributions, all by friends of Eric Suy, present the vast panorama of his intellectual pursuits.


International Law

International Law
Author: Jan Wouters
Publisher: Bloomsbury Publishing
Total Pages: 560
Release: 2018-12-13
Genre: Law
ISBN: 1509909044

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This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.