Conflicts Of Rights In The European Union
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Catalogue Illustr De La Xxixe Exposition Et De La R Trospective Jean Paul Laurens
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Author :
language : en
Publisher:
Release Date : 1938
Catalogue Illustr De La Xxixe Exposition Et De La R Trospective Jean Paul Laurens written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1938 with categories.
Conflicts Of Rights In The European Union
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Author : Aida Torres Pérez
language : en
Publisher:
Release Date : 2009
Conflicts Of Rights In The European Union written by Aida Torres Pérez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.
The European Union Civil Society And Conflict
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Author : Nathalie Tocci
language : en
Publisher: Taylor & Francis
Release Date : 2011-03-29
The European Union Civil Society And Conflict written by Nathalie Tocci and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-29 with Political Science categories.
Until recently, the European Union tended to view violent mass conflicts predominantly through the lens of negotiations between conflict leaders and powerful external actors. Today, the EU has begun to recognize the imperative of understanding and influencing developments on the ground in conflict situations by engaging with local civil society. The European Union, Civil Society and Conflict explores the EU's relations with civil society organizations at the local level, in an effort to improve the effectiveness and relevance of its conflict and peace strategies. Looking in particular at the eastern and southern neighbourhoods, the volume analyses five case studies of EU and local civil society interaction in: Georgia & Abkhazia, Nagorno-Karabakh, Moldova & Transnistria, Israel & Palestine and Morocco & Western Sahara. Through the comparative examination of these cases, this volume draws broad policy guidelines tailored to governmental and non-governmental action. Exploring the impact of the European Union in conflicts beyond its borders through its engagement with civil society, this book will be of interest to students and scholars of the EU, civil society and conflict.
Conflict Resolution And Global Justice
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Author : Nikola Tomić
language : en
Publisher: Routledge
Release Date : 2021-07-08
Conflict Resolution And Global Justice written by Nikola Tomić and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-08 with Political Science categories.
This book examines how the different normative foundations of conflict resolution held by various global actors, their understandings of justice, and the differences between types of conflict influence the varying means by which conflicts can be prevented, managed, and ultimately resolved. By combining insights from political theory, conflict studies, and European Union (EU) foreign policy studies, the book identifies the EU as the key case of a conflict manager that is both a product and a defender of a global liberal order. It focuses on three aspects of conflict resolution that pose their own sets of both normative and empirical dilemmas: resolving border disputes; strengthening the resilience of weak or divided states and societies after regime change, and intervention in humanitarian crises. Furthermore, it offers a comparative analysis between a potentially distinctive European approach and that of other global actors and reflects critically on situations where policy practice may not always reflect a concern for justice, asking what countervailing forces prevail and why. This book will be of key interest to scholars and students in European and EU Studies, Area studies, Conflict Resolution, War Studies, EU Foreign Policy Political Theory, International relations as well as policymakers.
The Eu Promoting Regional Integration And Conflict Resolution
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Author : Thomas Diez
language : en
Publisher: Springer
Release Date : 2017-02-16
The Eu Promoting Regional Integration And Conflict Resolution written by Thomas Diez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-16 with Political Science categories.
This book provides a comprehensive study into the promotion of regional integration as a central pillar of European Union (EU) relations with the rest of the world. It is a strategy to deal with a core security challenge: the transformation of conflicts and, in particular, regional conflicts. Yet to what extent has the promotion of regional integration been successful in transforming conflicts? What can we regard as the core mechanisms of such an impact? This volume offers a comprehensive assessment of the nexus between promoting integration and conflict transformation. The authors systematically compare the consequences of EU involvement in eight conflicts in four world regions within a common framework. In doing so, they focus on the promotion of integration as a preventative strategy to avoid conflicts turning violent and as a long-term strategy to transform violent conflicts by placing them in a broader institutional context. The book will be of use to students and scholars interested in European foreign policy, comparative regionalism, and conflict resolution.
Understanding Conflicts Of Sovereignty In The Eu
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Author : Nathalie Brack
language : en
Publisher: Routledge
Release Date : 2021-05-10
Understanding Conflicts Of Sovereignty In The Eu written by Nathalie Brack and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-10 with Political Science categories.
This book investigates the multifaceted conflicts of sovereignty in the recent crises in the European Union. Although the notion of sovereignty has been central in the contentious debates triggered by the recent crises in the European Union, it remains strikingly under-researched in political science. This book bridges this gap by providing both theoretical reflections and empirical analyses of today’s conflicts of sovereignty in the EU. More particularly, it investigates conflicts between four types of sovereignty. First, national sovereignty referring to the autonomy of the Westphalian Nation-State to rule on a territory delimited by borders; second, the supranational sovereignty acquired by the EU in a fragmentary fashion in a number of scattered internal and external policy fields; third, parliamentary sovereignty understood as the autonomy of parliaments (at the regional, national and European levels) to take part in the decision making process and control the executive in the name of the principles of election and representation; fourth, popular sovereignty whereby the body politic confers legitimacy to decision makers in a democratic system. Through an analysis of the various crises (rule of law, Brexit, migration, Eurozone crisis), the chapters look at how sovereignty is framed and contested by different types of actors, and how the strengthening or the weakening of certain types of sovereignty contribute to shape preferences regarding policies and governance structures in the multi-level EU. The chapters in this book were originally published as a special issue of the Journal of European Integration.
The Architecture Of Fundamental Rights In The European Union
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Author : Šejla Imamovic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-10
The Architecture Of Fundamental Rights In The European Union written by Šejla Imamovic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-10 with Law categories.
This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
The Eu And Conflict Resolution
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Author : Nathalie Tocci
language : en
Publisher: Routledge
Release Date : 2007-05-22
The Eu And Conflict Resolution written by Nathalie Tocci and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-22 with Political Science categories.
Through the study of five ethno-political conflicts lying on or just beyond Europe's borders, this book analyzes the impact and effectiveness of EU foreign policy on conflict resolution. Conflict resolution features strongly as an objective of the European Union's foreign policy. In promoting this aim, the EU's geographical focus has rested primarily in its beleaguered backyard to the south and to the east. Taking a strong comparative approach, Nathalie Tocci explores the principal determinants of conflict dynamics in Cyprus, Turkey, Serbia-Montenegro, Israel-Palestine and Georgia in order to assess the impact of EU contractual ties on them. The volume includes topical analyzis based on first-hand experience, in-depth interviews with all the relevant actors and photography in ongoing conflict areas in the Middle East, the Eastern Mediterranean, the Balkans and the Caucasus. This revealing study shows that the gap between EU potential and effectiveness often rests in the specific manner in which the EU collectively chooses to conduct its contractual relations. The EU and Conflict Resolution will be of interest to all readers who wish to acquire an excellent understanding of the EU's impact on conflict contexts and will appeal to scholars of European politics, security studies and conflict resolution.
Cases And Materials On Eu Private International Law
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Author : Stefania Bariatti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-04-13
Cases And Materials On Eu Private International Law written by Stefania Bariatti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-13 with Law categories.
Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.
The Use Of Force And Article 2 Of The Echr In Light Of European Conflicts
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Author : Hannah Russell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-16
The Use Of Force And Article 2 Of The Echr In Light Of European Conflicts written by Hannah Russell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-16 with Law categories.
Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2. With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the Council of Europe (CoE) bodies – the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights – to encourage adherence to Article 2 and promote effective remedies to prevent future violations. It uses the experience from four internal European conflicts – the Basque conflict, the Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict – to illustrate its points.