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
Read or Download A companion to European Union law and international law PDF
Similar foreign & international law books
Harvard learn in foreign legislations : modern research and Appraisal
As indicated through the name it is a fresh paintings (2007), during which glossy specialists within the themes evaluation the paintings in their predecessors - the publication 1966
The idea that of person felony accountability for middle overseas crimes is, by way of now, a well-established precept in foreign legal legislations. besides the fact that, whereas the overall precept at the back of the concept that is usually unproblematic, its sensible program underscores its complexity. the purpose of this e-book is to ascertain 3 pertinent matters on the subject of the concept that of person felony accountability for middle overseas crimes: (i) The joint legal company doctrine; (ii) The defining standards of foreign legal courts, for the needs of an overview of the lifting of nation legitimate immunity for middle foreign crimes, within the gentle of the findings of the ICJ within the Arrest Warrant case; and (iii) The imposition of person legal accountability for terrorism as a criminal offense opposed to humanity, either in foreign legislations and in terms of the ICC Statute.
This short sheds mild at the motivation of humanitarian intervention from a theoretical and empirical standpoint. An in-depth research of the theoretical arguments surrounding the problem of a sound motivation for humanitarian intervention show to what quantity both altruism or national/self-interests are thought of a righteous stimulus.
On the middle of the ecu Union is the institution of a eu industry grounded within the loose stream of individuals, items, prone, and capital. The implementation of the unfastened industry has preoccupied ecu legal professionals because the inception of the Union's predecessors. in the course of the Union's improvement, as hindrances to unfastened circulate were challenged within the courts, the eu court docket of Justice has needed to extend at the inner industry provisions within the founding Treaties to create a physique of legislation choosing the scope and which means of the ecu security of unfastened stream.
- The EU, NATO and the Integration of Europe: Rules and Rhetoric
- Governance and REgulation in Social Life: Essay in Honour of W.G. Carson: Governance and Regulation in Social Life
- Corporate Business Forms in Europe: A Compendium of Public And Private Limited Companies in Europe
- The Regulation of Gambling: European and National Perspectives
Extra info for A companion to European Union law and international law
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.