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The Transformation or Reconstitution of Europe
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure...
The Changing European Union
"It is widely recognised that international order is undergoing transformative change and the old norms no longer apply. This collection looks at how the EU, specifically its judicial wing, is responding to these new challenges. It looks both externally at those internationally shared problems of unequal societies, the rise of populism and the migrant crisis and internally at Brexit, the differences between the EU centre and peripheries and the division of competences. Taking a multifaceted approach, it draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced"--
Judicial Application of International Law in Southeast Europe
This edited volume presents comparative research on how the courts in Southeast Europe apply international law. After the introductory Part I, Part II discusses specific areas of international law, notably the law of Association Agreements between the EU and third countries, the law of the World Trade Organization, and international environmental law (the Aarhus Convention). Part III consists of country reports on how national courts in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia are currently applying international law.
The Transformation Or Reconstitution of Europe
Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola.
The Internal Market Ideal
The Internal Market Ideal is an essay collection honouring Professor Stephen Weatherill. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), this volume celebrates Weatherill's scholarship and examines the legal issues surrounding the semi-integrated market of the European Union.
Judicial Dis-appointments
In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.
Face Book
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Animal Welfare and International Trade Law
This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.
Proportionality and Transformation
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
A Companion to European Union Law and International Law
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
