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Author: Diana Zacharias
Publisher:
ISBN:
Category : Treaty-making power
Languages : en
Pages : 0
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Author: Diana Zacharias
Publisher:
ISBN:
Category : Treaty-making power
Languages : en
Pages : 0
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Author: Moshe Kaniel
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041102409
Category : Law
Languages : en
Pages : 248
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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: Duncan B. Hollis
Publisher: Oxford University Press
ISBN: 019960181X
Category : Law
Languages : en
Pages : 873
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Book Description
Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.
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: Jörg Polakiewicz
Publisher: Council of Europe
ISBN: 9789287138996
Category : Political Science
Languages : en
Pages : 224
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Book Description
Analyzes procedures for treaty-making & treaty application in the Council of Europe
Author: Curtis A. Bradley
Publisher: Oxford University Press
ISBN: 0190653353
Category : Law
Languages : en
Pages : 992
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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: Dermot Hodson
Publisher: Cambridge University Press
ISBN: 1108620736
Category : Law
Languages : en
Pages : 355
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Book Description
Treaty making is a site of struggle between those who claim the authority to speak and act on the international stage. The European Union (EU) is an important test case in this respect because the manner in which the Union and its member states make treaties has shifted significantly over the last six decades. Drawing insights from EU law, comparative constitutionalism and international relations, this book shows how and why parliaments, the people and courts have entered a domain once dominated by governments. It presents qualitative and quantitative evidence on the importance of public trust and political tactics in explaining this transformation of EU treaty making and challenges the idea that EU treaties are too rigid. Analysing legal developments in the EU and each of its member states, this will be essential reading for those who wish to understand the EU's controversial experiment in treaty making and its wider significance.
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: Joseph Weiler
Publisher: Cambridge University Press
ISBN: 9780521585675
Category : Law
Languages : en
Pages : 384
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Book Description
Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.
Author: David Galloway
Publisher: Burns & Oates
ISBN:
Category : Law
Languages : en
Pages : 244
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Book Description
