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Book The Exclusive Treaty Making Power of the European Community

Download or read book The Exclusive Treaty Making Power of the European Community written by Moshe Kaniel and published by Martinus Nijhoff Publishers. This book was released on 1996-04-25 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by occupying the field', which means enactment, and exclusive power negates "ab initio" the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.

Book The Exclusive Treaty Making Power of the European Community up to the period of the Single European Act

Download or read book The Exclusive Treaty Making Power of the European Community up to the period of the Single European Act written by Moshe Kaniel and published by BRILL. This book was released on 2023-07-24 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.

Book The Oxford Guide to Treaties

    Book Details:
  • Author : Duncan B. Hollis
  • Publisher : Oxford University Press, USA
  • Release : 2012-08-09
  • ISBN : 019960181X
  • Pages : 873 pages

Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press, USA. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

Book The Treaty Making Power of the United States

Download or read book The Treaty Making Power of the United States written by Charles Henry Butler and published by . This book was released on 1902 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Treaty making Power of the European Community

Download or read book The Treaty making Power of the European Community written by Diana Zacharias and published by . This book was released on 2005 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Foreign Affairs and the EU Constitution

Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

Book European Union Law

    Book Details:
  • Author : Damian Chalmers
  • Publisher : Cambridge University Press
  • Release : 2010-06-24
  • ISBN : 1139487884
  • Pages : 1209 pages

Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2010-06-24 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.

Book The Transformation of EU Treaty Making

Download or read book The Transformation of EU Treaty Making written by Dermot Hodson and published by Cambridge University Press. This book was released on 2018-08-09 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaty making is a site of struggle between those who claim the authority to speak and act on the international stage. The European Union (EU) is an important test case in this respect because the manner in which the Union and its member states make treaties has shifted significantly over the last six decades. Drawing insights from EU law, comparative constitutionalism and international relations, this book shows how and why parliaments, the people and courts have entered a domain once dominated by governments. It presents qualitative and quantitative evidence on the importance of public trust and political tactics in explaining this transformation of EU treaty making and challenges the idea that EU treaties are too rigid. Analysing legal developments in the EU and each of its member states, this will be essential reading for those who wish to understand the EU's controversial experiment in treaty making and its wider significance.

Book EU Trade and Investment Treaty Making Post Lisbon

Download or read book EU Trade and Investment Treaty Making Post Lisbon written by Gesa Kübek and published by Bloomsbury Publishing. This book was released on 2024-06-27 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.

Book The Law of EU External Relations

Download or read book The Law of EU External Relations written by Jan Wouters and published by Oxford University Press. This book was released on 2021-01-21 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

Book The Division of Competences between the EU and the Member States

Download or read book The Division of Competences between the EU and the Member States written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

Book Harold in Italien

Download or read book Harold in Italien written by Jörg Polakiewicz and published by Council of Europe. This book was released on 1999-01-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes procedures for treaty-making & treaty application in the Council of Europe

Book Cambridge Yearbook of European Legal Studies  Vol 15 2012 2013

Download or read book Cambridge Yearbook of European Legal Studies Vol 15 2012 2013 written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2013-12-19 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board John Bell Alan Dashwood Simon Deakin David Feldman Richard Fentiman Angus Johnston John R Spencer Founding Editors Alan Dashwood Angela Ward

Book The Oxford Guide to Treaties

    Book Details:
  • Author : Duncan B. Hollis
  • Publisher : Oxford University Press, USA
  • Release : 2020-05-28
  • ISBN : 019884834X
  • Pages : 897 pages

Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press, USA. This book was released on 2020-05-28 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.