The European Union's Shaping of the International Legal Order

The European Union's Shaping of the International Legal Order PDF

Author: Dimitry Kochenov

Publisher:

Published: 2013

Total Pages:

ISBN-13: 9781461950950

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"The European Union undoubtedly plays an important role in the formation of international law. This takes place through a number of avenues ranging from the simple existence of this supranational legal order within the sphere of international law to the actual influencing of international legal order. With contributions by leading scholars, this collection of essays constructs and analyses a new and stimulating approach in which the European Union is perceived as an active co-creator of the international legal order on a variety of planes. Providing concrete examples of the European Union's approach to the international legal order in different policy fields, this book will be a key reference point for a new active paradigm of EU external relations law"--

Between Autonomy and Dependence

Between Autonomy and Dependence PDF

Author: Ramses A. Wessel

Publisher: Springer Science & Business Media

Published: 2012-12-14

Total Pages: 340

ISBN-13: 9067049034

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The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.

The Brussels Effect

The Brussels Effect PDF

Author: Anu Bradford

Publisher: Oxford University Press

Published: 2020-01-27

Total Pages: 368

ISBN-13: 0190088605

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For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

The International Legal Order in Global Governance

The International Legal Order in Global Governance PDF

Author: Alain Germeaux

Publisher: Springer Nature

Published: 2022-10-18

Total Pages: 502

ISBN-13: 3031160576

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The space occupied by international law in shaping political action is subject to continuing debate and controversy. This book aims to answer the question of how and why international law impacts the behaviour of actors on the international stage in the absence of central authority and faced with asymmetric power. At a time when the role of normative restraints in international relations, and international law in particular, has come under renewed questioning, it advances an analytical framework for understanding the effect of norms on behaviour that is not contingent on material restraints or a given political constellation, while being informed by the practical realities and practice of international organisation. In doing so, this book draws on an interdisciplinary range of sources, including international law, political theory, cognitive psychology and behavioural economics to explore a communicative action-based approach of how norms and ideas persuade actors to engage in a course of action consonant with international law to achieve a particular outcome. In probing the role of norms on questions such as the use of force and accountability, and issues of equity and justice, it examines the challenges international law faces and what the way forward may look like.

The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law PDF

Author: Anthony Arnull

Publisher: OUP Oxford

Published: 2015-07-23

Total Pages: 950

ISBN-13: 0191653047

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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Beyond the Established Legal Orders

Beyond the Established Legal Orders PDF

Author: Malcolm David Evans

Publisher:

Published: 2011

Total Pages: 373

ISBN-13: 9781472565495

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A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-ann.

Law and Integration in the European Union

Law and Integration in the European Union PDF

Author: Stephen Weatherill

Publisher: Oxford University Press, USA

Published: 1995

Total Pages: 336

ISBN-13:

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In recent years the European Union has enjoyed a significant increase in its profile at both national and international levels. This book explains how the legal rules which underpin the process of integration in the European Union have been shaped in order to give effect to the Union's objectives. It is accordingly suitable as an introductory text designed to expose the reader to the basic constitutional and substantive principles of European Union law. Union law exerts an increasingly profound impact on domestic law and this book will equip a lawyer unfamiliar with the principles of Union law with an awareness of when and why Union law is of relevance in domestic litigation. The evolution of Union law continues apace. Increasingly its law has developed as an instrument of market integration and of market regulation. However recent years have witnessed controversy concerning the appropriate allocation of responsibilities between the Union's own institutions and national authorities. This book provides a fully up-to-date assessment of the changing shape of the European Union and its legal structure.

The European Union and the International Legal Order:Discord or Harmony?

The European Union and the International Legal Order:Discord or Harmony? PDF

Author: Vincent Kronenberger

Publisher: T.M.C. Asser Press

Published: 2001-06-15

Total Pages: 0

ISBN-13: 9789067044097

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With a Foreword by Paul J.G. Kapteyn, Former President of Chamber at the Court of Justice of the European Communities Important practical and theoretical issues remain to be explored and discussed in respect of the so-called three pillars of the European Union (European Communities, Common Foreign and Security Policy, Police and Judicial Co-operation in Criminal Matters) in relation to international law. In practical examples, developed in 25 original essays written by both practitioners and scholars from European institutions and universities, this book seeks to stimulate discussion on relations and conflicts between the EU and international legal orders. Current issues are addressed including the suspension of rights of Member States in international organisations, the definition of the precautionary principle under WTO and EC law, the UN Convention against transnational organised crime, and the participation of the EU; the EU and its involvement in international humanitarian law, and the EU Charter of Fundamental Rights related to international instruments. Although changing, the relationship between the European Union and international law has not given rise to many publications - this book seeks to establish a dialogue between EU lawyers and international lawyers, in order to focus on the relationship between EU and international law.