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Traditionally European law is important for public law. However, it is also increasingly important for private law, that is to say, the legal relationships between individuals. European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law. The nature of each source of law and its significance for and influence on the general part of national private law is discussed. Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law. Further, comparisons are drawn between the different sources of law. The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law. European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.
Civil law --- International and municipal law --- Human rights
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Criminal law --- Criminal liability --- International and municipal law
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After 1898 the United States not only solidified its position as an economic colossus, but by annexing Puerto Rico and the Philippines it had also added for the first time semi-permanent, heavily populated colonies unlikely ever to attain statehood. In short order followed a formal protectorate over Cuba, the "taking" of Panama to build a canal, and the announcement of a new Corollary to the Monroe Doctrine, proclaiming an American duty to "police" the hemisphere. Empire had been an American practice since the nation's founding, but the new policies were understood as departures from traditional methods of territorial expansion. How to match these actions with traditional non-entanglement constituted the central preoccupation of U.S. foreign relations in the early twentieth century.International lawyers proposed instead that the United States become an impartial judge. By becoming a force for law in the world, America could reconcile its republican ideological tradition with a desire to rank with the Great Powers. Lawyers' message scaled new heights of popularity in the first decade and a half of the twentieth century as a true profession of international law emerged. The American Society of International Law (ASIL) and other groups, backed by the wealth of the Carnegie Endowment for International Peace, held annual meetings and published journals. They called for the creation of an international court, the holding of regular conferences to codify the rules of law, and the education of public opinion as to the proper rights and duties of states. To an extent unmatched before or since, the U.S. government-the executive branch if not always the U.S. Senate-embraced this project. Washington called for peace conferences and pushed for the creation of a "true " international court. It proposed legal institutions to preserve order in its hemisphere. Meanwhile lawyers advised presidents and made policy. The ASIL counted among its first members every living secretary of state (but one) who held office between 1892 and 1920. Growing numbers of international lawyers populated the State Department and represented U.S. corporations with business overseas. International lawyers were not isolated idealists operating from the sidelines. Well-connected, well-respected, and well-compensated, they formed an integral part of the foreign policy establishment that built and policed an expanding empire.
International law --- International and municipal law --- Imperialism --- United States
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Constitutional law --- International and municipal law --- Civil law
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Law --- International and municipal law --- Law and globalization --- International unification
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European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent.This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a ‘general part’) is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following:the relationship between conflict of laws and recognition;the room for party autonomy;the concept of habitual residence;adaptation when interplay between different laws leads to deadlock;public policy exceptions;the desirability of a general escape clause;the classic topics of characterisation, incidental question, and renvoi; andright to appeal in case of errors in the application of foreign law.Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
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The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights.This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.
Human rights --- International and municipal law --- Human rights - Europe --- Human rights - European Union countries --- International and municipal law - Europe --- International and municipal law - European Union countries --- accession --- agreement --- court --- draft --- european --- geir --- judgment --- pilot --- procedure --- ulfstein
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"The Lisbon Treaty modified the legal framework of EU external action, and these innovations must be applied in a period of deep economic and financial crisis interacting with other more specific crises affecting the EU's external activities. This volume investigates the recent institutional and substantive developments in EU external relations law and practice in this context of multiple crises for the EU. The economic and financial crisis has a major impact on EU external action, but other crises too affect this sensitive area of the EU's activity and the book takes them into account. For instance, there is a crisis in the relationship between EU law and international law after the ECJ judgment in the Kadi case. In addition to exploring these questions, the volume also examines questions of legitimacy in fields such as foreign investment protection and arbitration. Representing the output of a powerful research team composed of leading scholars in the field this comprehensive collection will appeal to both an expert and non-expert readership."--Bloomsbury Publishing.
International and municipal law --- International cooperation --- European Union. --- European Union countries --- Foreign relations --- Law and legislation.
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