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European Union Treaties
This is the new English edition of a Commentary on the basic European Treaties which has already been very successfully published in five earlier editions in German. It comprises concise article-by-article commentaries on the most recent versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, supplemented by the Charter of Fundamental Rights (including the comments of the European Convention's Presidency) and the Treaty Protocols. The authors, all of them specialists on European law, provide a compact overview of the European primary law and also refer to the relevant secondary law. Each commentary contains an introduction to the particular legal area at issue and gives particular importance to the current case law of the European Court of Justice.
Rethinking the Relationship between International, EU and National Law
Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.
From Bilateralism to Community Interest
This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole....
The Pilot-Judgment Procedure of the European Court of Human Rights
Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.
International Law and the Reconceptualization of Territorial Boundaries
This book critically analyzes the state-based regime of international law, eliciting its colonial and decolonial origins and proposing a new sub-regional basis for dealing with contemporary global challenges. Since 1648, public international law has taken many steps to maintain peace and establish a just order. The State is deemed central to each of these efforts. Yet modern challenges, such as environmental mitigation, mass migration, and the need to stimulate economic growth, overwhelm the State. Could a regional approach to these questions, achieved in conjunction with strong sub-national local governance, establish a more effective framework for systemic change? Drawing on a history of c...
Transforming Security
This book analyses the collective security system as it now stands, focusing on strategic and normative frameworks. The old system of international collective security is based on assumptions that are inadequate in relation to current challenges. Against the backdrop of changed geopolitical constellations, democracies under siege and the challenges posed by new types of warfare, critical analysts hold that not a single multilateral institution today is fully up to the task it was created for. The UN, from its founding to the Sustained Peace Approach, represents a fascinating global process of vision-building and adaptation to reality. Based on this understanding, the dynamics of the UN peace...
Frontiers in International Environmental Law: Oceans and Climate Challenges
Frontiers in International Environmental Law explores how law and legal scholarship has responded to some of the most important oceans and climate governance challenges of our time. Using the concept of the frontier, each contributor provides a unique perspective on the way that we can understand and can shape the development of law and legal institutions to better protect our marine environment and climate system, and reduce conflicts in areas of legal uncertainty. The authors show how different actors influence legal development, and how legal transitions occur in marine spaces and how change influences existing legal regimes. They also consider how change creates risks for the protection of vulnerable environment, but also opportunities for creative thinking and better ways of governing our environment.
Research Handbook on EEA Internal Market Law
This Research Handbook focuses on the internal market aspects of the European Free Trade Association (EFTA) pillar of the European Economic Area (EEA). Leading academics, judges, and practitioners examine the EEA internal market in a structured and systematic manner. Throughout, they provide an in-depth analysis of the free movement and horizontal aspects of the EFTA pillar of the EEA.
The EU Reexamined
Adopting an interdisciplinary approach, this book examines the experience of the European Union in bringing multiple sovereign nations under a common economic umbrella, and goes on to ask if the EU can serve as a blueprint for other regions that are striving for economic integration or if it is ‘too unique’ to be emulated. To this end, the book draws on contemporary and historical law and politics as well as economic analyses.
The EU Law of Economic and Monetary Union
An authoritative reference work on the legal framework of European economic and monetary union, this book comprehensively analyses the legal foundations, institutions, and substantive legal issues in EU monetary integration.
