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Legal Monism
In this full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this text defends the theory against dualism and pluralism.
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.
Legal Monism
In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.
The Accession of the European Union to the European Convention on Human Rights
After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the conc...
The Engagement of Domestic Courts with International Law
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
The Duty to Safeguard the Object and Purpose of Pending Treaties
Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today’s international legal order, while offering concrete arguments for its effective application.
The EU Accession to the ECHR
This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinio...
Democratic Legitimacy in the European Union and Global Governance
This book addresses one of the most relevant challenges to the sustainability of the European Union (EU) as a political project: the deficit of citizens’ support. It identifies missing elements of popular legitimacy and makes proposals for their formal inclusion in a future Treaty reform, while assessing the contribution that the EU may make to global governance by expanding a credible democratic model to other international actors. The contributors offer perspectives from law, political science, and sociology, and the 15 case studies of different aspects of the incipient European demos provide the reader with a comprehensive overview of these pertinent questions. The edited volume provides a truly interdisciplinary study of the citizens’ role in the European political landscape that can serve as a basis for further analyses of the EU’s democratic legitimacy. It will be of use to legal scholars and political scientists interested in the EU’s democratic system, institutional setup and external relations.
A Union of Peoples
This book delves into the legal theory of the European Union, offering an internationalist theory of European Union law as part of the law of nations, where its central principles are not the principles of a single constitution, but the cosmopolitan principles of accountability, liberty, and fairness.
Public International Law
Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law - including treaties, use of force and dispute settlement - this text also discusses specialised branches such as humanitarian law, criminal law and environmental law.
