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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.
Our world is in urgent need of global answers on subjects such as Big Data, climate change, and the interconnected global economy. This volume tackles those issues and more, with the goal of advancing more democratic modes of decision-making.
Jedermann kennt es, das Symbol des Roten Kreuzes: Hilfe bei Krankheit, Katastrophen, Krieg, das ist es, was seit nunmehr 150 Jahren mit diesem heute weltweit wohl wertvollsten Markenzeichen auf dem Wohlfahrtsmarkt verbunden wird. Der Ursprung, die wechselhafte Geschichte und die einzigartig komplexe Organisationsstruktur der humanitären Weltbewegung des Roten Kreuzes sind hingegen weit weniger bekannt. Daniel-Erasmus Khan zeigt in diesem Buch, wie die internationale Rotkreuz- und Rothalbmondbewegung entstand, wie sie sich zu dem entwickelte, was heute mit ihr verbunden wird und welchen Herausforderungen sie sich gegenüber sieht.
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
In United Nations Peace Operations and Human Rights: Normativity and Compliance Sylvia Maus offers a comprehensive account of the human rights obligations of United Nations peace operations and the reasons for (non-)compliance by using an interdisciplinary approach.
"In memory of Professor Thomas M. Franck"
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.
"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."--Résumé de l'éditeur.
English summary: It is not only historians, social scientists and geographers who are concerned with national boundaries. Since every state has its own territory, defining its limits has always been of great significance in international relations. It is therefore surprising that up to now there has not been an in-depth study of this subject as it pertains to German boundaries. In order to close this research gap, Daniel-Erasmus Khan makes use of legal science and academic disciplines bordering on this in his work. The author analyzes the legal and historical dimensions of the foundations of the Federal Republic of Germany which were partially laid in the Middle Ages and in addition gives a ...