A companion to European Union law and international law by Anna Södersten, Dennis Patterson

By Anna Södersten, Dennis Patterson

That includes contributions from popular scholars, A better half to ecu Union legislation and foreign Law offers a accomplished and authoritative number of essays that addresses all the most vital themes on ecu Union and overseas law.

  • Integrates the fields of eu Union legislations and foreign legislation, revealing either the similarities and differences
  • Features contributions from well known students within the fields of european legislation and foreign law
  • Covers a huge diversity of topical concerns, together with alternate, institutional decision-making, the eu court docket of Justice, democracy, human rights, felony legislation, the EMU, and plenty of others

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Extra info for A companion to European Union law and international law

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91–99. The Rule of Recognition is analogous to Kelsen’s Grundnorm. 20 See Ronald Dworkin, Taking Rights Seriously (Cambridge MA: Harvard University Press, 1978), Chap. 2 and 3. 21 Dworkin argued that any theory of law had to explain enough of law as we find it for the explanation to count as an explanation of “law” (fit). But lawyers can agree that more than one theory can fit the law as we find it. Choice among competing principles for the explanation of law requires resort to moral argument (justification).

Hart reminds us that there is no international court with a jurisdiction similar to courts in municipal law, and that the law‐enforcement provisions under the UN Charter have been paralyzed by veto. The Nature of International Law 21 Hart then considers Kelsen’s insistence that international law must contain a basic norm (Grundnorm), which represents the ground of the validity of all norms and which constitutes the unity in the international legal system. According to Hart, the opposite view is that ­international law merely consists of a set of primary rules of obligations.

Finding the law is a matter of argument wherein the work of fit and justification is carried out with an interpretive lens, one which seeks to put the practice in its best light. ”29 Moreover, law is a matter of justifying coercive state power. ”30 It is in these judgments that “genuine legal rights” are identified. As mentioned, it is commonplace to see sovereignty as the basis for international law. Sovereign nations bind themselves to one another through the medium of a treaty. ”31 He offers several reasons.

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