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Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
ISBN: 1108967515
Category : Law
Languages : en
Pages : 337
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Book Description
The book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.
Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
ISBN: 1108967515
Category : Law
Languages : en
Pages : 337
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Book Description
The book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.
Author: Enzo Cannizzaro
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188576
Category : Law
Languages : en
Pages : 429
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Book Description
With a view to recent developments in both the EU and the global legal order, 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.
Author: Martti Koskenniemi
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041104885
Category : Law
Languages : en
Pages : 346
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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: Jed Odermatt
Publisher: Cambridge University Press
ISBN: 1108901239
Category : Law
Languages : en
Pages : 273
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Book Description
The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.
Author: Jan Wouters
Publisher: Bloomsbury Publishing
ISBN: 1509909044
Category : Law
Languages : en
Pages : 560
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Book Description
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.
Author: Jan Klabbers
Publisher: Editions A. Pedone
ISBN: 9782233006448
Category : Conflict of laws
Languages : en
Pages : 94
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Book Description
Author: Delano R. Verwey
Publisher: T.M.C. Asser Press
ISBN: 9789067044196
Category : Law
Languages : en
Pages : 0
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Book Description
In the past decades the European Community and, to a lesser extent, the European Union have concluded and become a party to a great number of bilateral and multilateral international agreements. In some cases the Community or the Union acts as the sole contracting party but in an increasing number of cases the Community acts as a joint contracting party alongside the Member States. The author analyses to what extent the Community and the Union apply or are bound by the existing rules of international treaty law as embodied in the two Vienna Conventions and customary international law. His analysis is preceded by an extensive description of the Community and Union’s external treaty-making powers. The study is completed with a number of concrete proposals regarding the manner in which the law of treaties should be amended in order to regulate more effectively the treaty relations of the European Community and the European Union, in particular in the case of mixed agreements. The case law referred to in the book has been compiled in a Table of Cases. Furthermore, the book contains a list of selected documents and an extensive bibliography, covering the Community practice from the 1960s up to the present. And last but not least, the accessibility of the book is greatly enhanced by a subject index. This book will be of interest to practitioners in EU Law, International Law and the Law of International Organizations as well as to specialists who work for the Foreign Office in different countries and specialists within International Organizations. Delano Ruben Verwey is an Assistant Professor of the Law of the European Union, Erasmus University Rotterdam, The Netherlands.
Author: Delano R. Verwey
Publisher: T.M.C. Asser Press
ISBN: 9789067041829
Category : Law
Languages : en
Pages : 320
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Book Description
In past decades the European Community and the European Union have concluded and become a party to a great number of bilateral and multilateral international agreements. In some cases the Community or the Union acts as the sole contracting party but in an increasing number of cases the Community acts as a joint contracting party alongside the Member States. The author analyses to what extent the Community and the Union apply or are bound by existing rules of international treaty law as embodied in the two Vienna Conventions and customary international law. His analysis is preceded by an extensive description of the Community and Union's external treaty-making powers. The study concludes with proposals regarding the manner in which the law of treaties should be amended in order to regulate more effectively the treaty relations of the European Community and the European Union, in particular in the case of mixed agreements.
Author: Tomas Fecak
Publisher: Kluwer Law International B.V.
ISBN: 9041168931
Category : Law
Languages : en
Pages : 600
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Book Description
The rapidly growing number of investors’ disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors’ rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors’ rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: • ‘standards of treatment’ under IIAs; • investment-related provisions of EU law; • dispute settlement mechanisms and the conduct of investment disputes; • how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; • effect of political and institutional interests; • transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; • CJEU decisions concerning BITs concluded between EU Member States and third countries; • significant arbitral awards involving intra-EU BITs; • allocation of international responsibility for breaches of investors’ rights; • intra-EU dimension of the Energy Charter Treaty (ECT); • possibilities for review of arbitral awards by courts of Member States; • desirability of international protection of foreign investment in developed countries; and • role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities.
Author: Trevor C. Hartley
Publisher: Cambridge University Press
ISBN: 9780521527309
Category : Law
Languages : en
Pages : 486
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Book Description
European Union Law in a Global Context is a comprehensive introduction to European law in its international context. Trevor Hartley provides an explanation of the basic principles of each topic covered. He examines the institutions of the EU and the law-making process; the European Court and international adjudication; EU law (and international law) in national courts; human rights, especially under EU law and the ECHR; the international relations of the EU; remedies under EU law; and the elements of the free movement of goods, persons and services. The coverage of the practical application of EU law in British courts will meet the requirements of those intending to become practitioners, and the inclusion of extracts from leading cases, as well as from the EC treaties and other instruments, ensures that everything the reader will need is contained in a single volume.
