Download or read book Mixed Agreements as a Technique for Organizing the International Relations of the European Community and its Member States written by Joni Heliskoski and published by BRILL. This book was released on 2021-08-30 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the most comprehensive account to date of the foundations, evolution, and nature of the treaty-making practice, known as the practice of mixed agreements, whereby the European Community and its Member States enter into international agreements with one or more other subjects of international law. Covering policy areas from external economic relations to the environment, from development cooperation to the law of the sea, the practice of mixed agreements occupies a highly prominent position in the external relations of the EU. Rather than focusing upon any particular agreement or subject area, the book seeks to identify, through analysis of the respective interests of the Community, the Member States and other parties, as they are reflected in actual practice, the general parameters for the conclusion and application of mixed agreements. The basic thesis defended is that there are mediating strategies whereby mixed agreements can be turned into an effective technique for manifesting the Community's position in external relations whilst nevertheless safeguarding the vital interests of the Member States and the other, non-EC parties. Rather than a `necessary evil', mixed agreements should be regarded as a natural way of organizing the international relations of the EC and its Member States. Of individual treaties, the most thorough examination is made of the Community and the Member States' participation in the Law of the Sea Convention, the Food and Agriculture Organization of the UN (FAO), as well as the Agreement establishing the World Trade Organization (WTO). As regards the WTO, for instance, the book offers a comprehensive account of the dispute settlement practice under the GATS and TRIPS Agreements.
Download or read book Mixed Agreements as a Technique for Organising the International Relations of the European Community and Its Member States written by Joni Santeri Heliskoski and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU External Relations Post Lisbon written by and published by BRILL. This book was released on 2020-07-13 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume brings together academics and practitioners from across the EU to address the question of ‘facultative mixity’ in the EU’s external relations, i.e. the situation whereby both the EU and its Member States enter into an international agreement with a third country even if legally the EU could act on its own.
Download or read book EU External Relations Law written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2022-06-02 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.
Download or read book External Relations Law of the European Community written by Rass Holdgaard and published by Kluwer Law International B.V.. This book was released on 2008-03-05 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: External Relations Law of the European Community begins by noting two common characteristics of legal analyses in the field of EU external relations. First, most legal analyses assume that EC external relations law cannot be studied or applied without a constant awareness of the underlying political dynamics. Yet, the same analyses fail to explain how these ‘dynamics’ are to be understood, assessed and systematically applied. Second, most legal analyses tend to focus only on narrow segments of the ECJ’s case law, often taking as their points of departure individual cases or a group of topically related cases. This ‘commentary’ approach disregards the general inter-connectedness of legal structures and the recurring meaning configurations in the field. Against this backdrop, the author sets out to strengthen the legal language – both theoretically and practically - in the field of EC external relations. The first two parts of the book provide, with extensive references, an in-depth legal analysis of a wide range of topics pertaining to: the distribution between the EC and the Member States of norm-setting authority in their external relations, i.e. the rules that determine what the EC and the Member States can do (individually or together) in international relations; and the reception and application of rules of international law within the Community area, including the way in which international law enters Community law. In these parts of the book, the aim is to reconstruct the core areas of the Community’s external relations law in a coherent and systematic manner. In the third part of the book, the author develops and applies a theoretical and methodological framework inspired by discourse analysis. This novel approach is used to identify and describe some of the most significant legal discourses in EC external relations
Download or read book EU Foreign Investment Law written by Angelos Dimopoulos and published by Oxford University Press. This book was released on 2011-12-08 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.
Download or read book An Introduction to International Organizations Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-03-10 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Download or read book The Role of the State in Investor State Arbitration written by Shaheeza Lalani and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.
Download or read book International Responsibility Today written by Maurizio Ragazzi and published by BRILL. This book was released on 2005-05-01 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work covers different aspects of the law of international responsibility, from general issues to specific areas of the law (including responsibility before international courts and tribunals), with respect to both the law of State responsibility and responsibility of international organizations and other non-State actors.
Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert and published by . This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Download or read book Constitutional Principles of EU External Relations written by Geert De Baere and published by Oxford University Press, USA. This book was released on 2008 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how foreign policy fits within the complex constitutional structure of the EU, providing both an analysis of the constitutional reality of EU foreign policy and a theoretical analysis suggesting possibilities for reform.
Download or read book EU Foreign Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2008-07-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.
Download or read book EU Trade Law written by Rafael Leal-Arcas and published by Edward Elgar Publishing. This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.
Download or read book The External Environmental Policy of the European Union written by Elisa Morgera and published by Cambridge University Press. This book was released on 2012-10-11 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book sheds new light on the achievements, challenges and legal complexity of the EU as a global environmental actor.
Download or read book The Reconceptualization of European Union Citizenship written by Elspeth Guild and published by Martinus Nijhoff Publishers. This book was released on 2014-01-09 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.
Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website
Download or read book Shared Obligations in International Law written by Nataša Nedeski and published by Cambridge University Press. This book was released on 2022-07-21 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.
