The Exclusive Treaty-Making Power of the European Community up to the period of the Single European Act PDF Download
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Author: Moshe Kaniel
Publisher: BRILL
ISBN: 9004633480
Category : Law
Languages : en
Pages : 236
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Book Description
This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.
Author: Moshe Kaniel
Publisher: BRILL
ISBN: 9004633480
Category : Law
Languages : en
Pages : 236
Get Book Here
Book Description
This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.
Author: Duncan B. Hollis
Publisher:
ISBN: 019884834X
Category : Law
Languages : en
Pages : 897
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Book Description
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author: Robert Schütze
Publisher: Cambridge University Press
ISBN: 1107037662
Category : Law
Languages : en
Pages : 557
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Book Description
A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Author: Curtis A. Bradley
Publisher: Oxford University Press
ISBN: 0190653353
Category : Law
Languages : en
Pages : 891
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Book Description
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Author: Trevor C. Hartley
Publisher: Oxford University Press, USA
ISBN: 0199290350
Category : Law
Languages : en
Pages : 536
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Book Description
Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.
Author: Rafael Leal-Arcas
Publisher: Edward Elgar Publishing
ISBN: 1035319667
Category : Law
Languages : en
Pages : 467
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Book Description
In this highly topical second edition of EU Trade Law, Rafael Leal-Arcas presents a thorough analysis of EU law and policy in the field of international trade with an updated focus on sustainability. This updated edition provides a clear overview of the substantive and procedural aspects of EU trade law and policy, balancing problems and solutions using timely case studies.
Author: Allan Rosas
Publisher: Bloomsbury Publishing
ISBN: 1847319858
Category : Law
Languages : en
Pages : 249
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Book Description
The second revised edition of this acclaimed book brings the story of the EU's constitutional journey up to date. The EU's constitution, composed of a myriad of legal texts, case law and practice, is a moving target subject to continuous change, and the past two years have seen no slacking in the pace of that change. With a wider geographical ambit than ever, the EU faces unprecedented political, economic and cultural challenges, all of which impact upon the evolution of its constitution. Moreover, the crisis in the Eurozone has given rise to the need for a whole new chapter focussing on the institutional reforms embarked upon in the quest to restore financial order. The book succeeds, where others have struggled, in making sense of the EU's complex constitutional order, focussing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market and has recently become active in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, while the crisis in the Eurozone has triggered an increasing focus on economic and fiscal policy. Eschewing too much detail the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
Author: Loïc Azoulai
Publisher: OUP Oxford
ISBN: 0191015318
Category : Law
Languages : en
Pages : 1417
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Book Description
The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.
Author: Stefan Lorenzmeier
Publisher: Springer Nature
ISBN: 3030628590
Category : Law
Languages : en
Pages : 287
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Book Description
The book covers contributions from 18 authors from different countries and analyses the recent case law of the ECJ on the external competences of the European Union. It deals with the impact of EU values on its relations with the Eastern neighbouring countries. The first part focuses on the evolution and current challenges of the external actions of the European Union, while the second part presents the EU cooperation with its Eastern neighbourhood and Eurasia. The book addresses the Association Agreements with the countries of the Eastern Partnership with its Eastern neighbourhood and Eurasia, the enhanced Partnership Agreements in the Eastern neighbourhood and post-Soviet area, and the current and future contractual relations with Eurasian Economic Union and its member states.
Author: Jan Wouters
Publisher: Oxford University Press
ISBN: 0192640763
Category : Law
Languages : en
Pages : 625
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Book Description
The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
