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Research handbook on international law and domestic legal systems
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ISBN: 9781800373150 1800373155 Year: 2024 Publisher: Cheltenham, UK Northampton, Massachusetts Edward Elgar

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Research Handbook on International Law and Domestic Legal Systems.
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ISBN: 1800373163 9781800373167 Year: 2024 Publisher: Cheltenham : Edward Elgar Publishing Limited,

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This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.


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The Engagement of Domestic Courts with International Law : Comparative Perspectives
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ISBN: 0191954896 0192679163 0192864181 Year: 2024 Publisher: Oxford, England : Oxford University Press,

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The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.


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Privacy and Data Protection Law in Moldova.
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ISBN: 9789403500980 9403500980 Year: 2024 Publisher: Alphen aan den Rijn : Wolters Kluwer Law International,

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This book provides a comprehensive analysis of privacy and data protection law in Moldova. Authored by Veronica Mocanu, an expert in IT law and data protection, the work examines constitutional protections, national legislation, and international conventions related to privacy. It covers various aspects of data protection, including rights of data subjects, duties of controllers and processors, and specific data protection regimes. The book also discusses enforcement mechanisms and international data transfer principles. Aimed at legal professionals, scholars, and policymakers, it serves as a detailed resource for understanding the evolving landscape of data protection in Moldova.


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Consenting to international law
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ISBN: 9781009406444 1009406442 9781009406451 9781009406475 9781009406437 1009406434 1009406450 1009406469 Year: 2024 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press,

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"The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions"--


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The impact of the United Nations human rights treaties on the domestic level : twenty years on
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ISBN: 9004377654 9004377646 Year: 2024 Publisher: Brill; Nijhoff

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"This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago"--


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The Rule of Law under Threat : Eroding Institutions and European Remedies
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ISBN: 9781035330690 Year: 2024 Publisher: Cheltenham, England : Edward Elgar Publishing Limited,

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EU neighbourhood law : wider Europe and the extended EU's legal space
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ISBN: 9781509966653 9781509966691 Year: 2024 Publisher: Oxford ; New York : Hart Publishing,

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"This book turns Wider Europe into an analytical concept to capture the legal and political facets of the extension of the EU's legal space in the Union's neighbourhood. Firstly, it reflects on the similarities and differences between internal and external integration, drawing a distinction between EU membership law and EU neighbourhood law. Secondly, it unravels the techniques for the extension of the EU's legal space across different partnerships in the Union's neighbourhood. Thirdly, it sheds light on the political covenants underlying the variety of institutional arrangements of the extended EU's legal space"--


Book
National courts and the application of EU law : lessons from Poland
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ISBN: 1003376010 1000937348 1003376010 1000937305 1032446250 Year: 2024 Publisher: Milton Park, Abingdon, Oxon : Routledge,

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"This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts' reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own"--


Book
Rethinking the Relationship Between International, EU and National Law : Consent-Based Monism
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ISBN: 9781009380171 9781009380201 9781009380157 1009380192 1009380176 1009380168 1009380206 Year: 2024 Publisher: Cambridge, England : Cambridge University Press,

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The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.

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