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UK Public Law and European Law
This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law.
Euroscepticism
The accelerated pace of European integration since the early 1990s has been accompanied by the emergence of increasingly prominent and multiform oppositions to the process. The term Euroscepticism has appeared with growing frequency in a range of political, media, and academic discourses. Yet, the label is applied to a wide range of different, and occasionally contradictory, phenomena. Although originally associated with an English exceptionalism relative to a Continental project of political and economic integration, the term Euroscepticism is now also identified with a more general questioning of European Union institutions and policies which finds diverse expressions across the entire con...
The New Georgics
The human condition in rural, provincial locations is once again gaining status as a subject of European 'high fiction', after several decades in which it was dismissed on aesthetic and ideological grounds. This volume is one of the first attempts to investigate perspectives on local cultures, values and languages both systematically and in a European context. It does so by examining the works of a variety of authors, including Hugo Claus, Llamazares, Bergounioux and Millet, Buffalino and Consolo, and also several Soviet authors, who paint a grim picture of a collectivized - and thus ossified - rurality. How do these themes relate to the ongoing trend of globalization? How do these works, which are often experimental, connect - in their form, topics, language and ideological subtext - to the traditional rural or regional genres? Far from naively celebrating a lost Eden, most of these 'new Georgics' reflect critically on the tensions in contemporary, peripheral, rural or regional cultures, to the point of parodying the traditional topoi and genres. This book is of interest to those wishing to reflect on the dynamics and conflicts in contemporary European rural culture.
The Rise and Fall of the EU’s Constitutional Treaty
This book accounts for the content and negotiation of the EU's Constitutional Treaty of 2004 as well as the failure of ratification of the treaty in France and the Netherlands in 2005. It discusses the implications of the abandonment of the treaty for the process of European integration and our understanding of that process.
Language and Legal Interpretation in International Law
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
Between Forbearance and Audacity
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
Germany and Eastern Europe
The opening up, and subsequent tearing down, of the Berlin Wall in 1989 effectively ended a historically unique period for Europe that had drastically changed its face over a period of fifty years and redefined, in all sorts of ways, what was meant by East and West. For Germany in particular this radical change meant much more than unification of the divided country, although initially this process seemed to consume all of the country's energies and emotions. While the period of the Cold War saw the emergence of a Federal Republic distinctly Western in orientation, the coming down of the Iron Curtain meant that Germany's relationship with its traditional neighbours to the East and the South-...
Europeanization
The theme of Europeanization has, in recent years, come to figure prominently in a wide range of social science analyses concerning both the process of European integration and broader patterns of change in contemporary Europe. Yet, though increasingly a staple of academic discourse, no widely accepted definition of the term has emerged. This volume of the European Studies represents one of the first interdisciplinary attempts to examine the manifold uses and possibilities of a Europeanization problematic. An international team of contributors drawn from the disciplines of Politics, Sociology, History, Anthropology, and Law explore processes of institution-building and identity formation through the optic of Europeanization. Their work offers new insights as regards the development of European integration, pointing particularly to the need for a genuinely interdisciplinary European Studies which encompasses, but is not limited to, the study of the European Union.
Framing a Convention Community
The European Convention on Human Rights (ECHR) has evolved from an international agreement into a highly integrated legal community with an ever more pervasive effect on domestic law and individuals. The supranational authority of the European Court of Human Rights bypasses the nation state in a growing number of other areas. Understanding the evolution of the ECHR and its Court may help in explaining and contextualising growing resistance against the Court, and in developing possible responses. Examining the Convention system through the prism of supranationality, Cedric Marti offers a fresh, comprehensive and interdisciplinary perspective on the expanding adjudicatory powers of the Court, including law-making. Marti addresses the growing literature of institutional studies on human rights enforcement to ascertain the particularities of the ECHR and its relationship to domestic legal systems. This study will be of great value to both scholars of international law and human rights practitioners.
The European Convention of Human Rights Regime
Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompte...
