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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 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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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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"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"--
International law. --- International and municipal law. --- Consent (Law) --- State, The. --- Effectiveness and validity of law.
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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"--
Human rights. --- International and municipal law. --- International law and human rights. --- Treaties. --- United Nations.
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Rule of law --- International and municipal law --- Europe --- Politics and government
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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"--
International and municipal law --- Law --- European Union --- Membership. --- European Union countries --- Foreign relations.
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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"--
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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.
International and municipal law --- Constitutional courts --- Conflict of laws --- Monism. --- Court of Justice of the European Communities. --- International law --- Philosophy.
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