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Author: Valéry Giscard d'Estaing
Publisher:
ISBN:
Category : Constitutional law
Languages : fr
Pages : 356
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Book Description
Author: Valéry Giscard d'Estaing
Publisher:
ISBN:
Category : Constitutional law
Languages : fr
Pages : 356
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Book Description
Author: Vlad Constantinesco
Publisher:
ISBN:
Category : Constitutional law
Languages : fr
Pages : 468
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Book Description
Author: René Schwok
Publisher: Editions L'Harmattan
ISBN:
Category : Europe
Languages : fr
Pages : 276
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Book Description
Author: Anne Deighton
Publisher: Soleb
ISBN: 2952372667
Category : European Union countries
Languages : en
Pages : 433
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Book Description
Author: Ramses A. Wessel
Publisher: BRILL
ISBN: 9004634762
Category : Business & Economics
Languages : en
Pages : 400
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Book Description
Author: Luis I Gordillo
Publisher: Bloomsbury Publishing
ISBN: 1847319335
Category : Law
Languages : en
Pages : 410
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Book Description
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Author: S. Gänzle
Publisher: Springer
ISBN: 023080134X
Category : Political Science
Languages : en
Pages : 254
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Book Description
The Changing Politics of European Security explores the key security challenges confronting Europe, from relations with the US and Russia to the use of military force and the struggle against terrorism. In the future, the authors conclude, European states will act alone, independent of America, on security matters.
Author: Martti Koskenniemi
Publisher: BRILL
ISBN: 9004633766
Category : Law
Languages : en
Pages : 338
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Book Description
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.
Author: Frederik Naert
Publisher: Intersentia NV
ISBN:
Category : Law
Languages : en
Pages : 716
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Book Description
"Part I describes and analyses the ESDP, including all 22 military and civilian crisis management operations launched up to 31 August 2009 as well as developments under the Lisbon Treaty, and briefly discusses the international law issues raised, offering a unique insight into ESDP practice and its legal aspects. Part II examines this practice in the framework of the status and obligations of international organizations under international law: it looks at the legal status and personality of international organizations and of the EU as well as at how international organizations, including the EU, are bound by international obligations. Part III extensively addresses the international law applicable to the conduct of ESDP operations, in particular the law of armed conflict and international human rights law, filling a gap in the literature."--Jacket back cover.
Author: Charles Leben
Publisher: Bloomsbury Publishing
ISBN: 1847316034
Category : Law
Languages : en
Pages : 346
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Book Description
Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
