The External Dimension Of Eu Private International Law After Opinion 1 13
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The External Dimension Of Eu Private International Law After Opinion 1 13
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Author : Pietro Franzina
language : en
Publisher:
Release Date : 2017
The External Dimension Of Eu Private International Law After Opinion 1 13 written by Pietro Franzina and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Conflict of laws categories.
The interest of the EU in international efforts towards the harmonisation of private international law has steadily increased over the years. The EU is already a party to several conventions that lay down uniform rules on jurisdiction, conflicts of laws and the recognition and enforcement of judgments. Additionally, various international instruments dealing with judicial cooperation in civil matters have been ratified by the Member States 'in the interest of the Union', or are now administered by the EU.On different occasions the Court of Justice has expressed its views regarding the scope of the external competence of the Union in the field of private international law, the conditions upon which this competence should be regarded as exclusive and the principles according to which the competence itself should be exercised. In spite of this, the development of the external dimension of EU private international law remains a controversial topic, and different questions still await answersThe essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications. Written by leading legal scholars for academics and practitioners, the book discusses, in particular, the principles stated in the latest intervention of the Court of Justice on this topic, Opinion 1/13, regarding the Union's competence as to the acceptance of the accession of third States to the Hague Convention of 1980 on international child abduction, as well as the implications of the Opinion for the development of the EUs external action and legislation in this area.
Borders Legal Spaces And Territories In Contemporary International Law
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Author : Tommaso Natoli
language : en
Publisher: Springer Nature
Release Date : 2019-09-12
Borders Legal Spaces And Territories In Contemporary International Law written by Tommaso Natoli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-12 with Law categories.
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
Constitutional Issues Of Eu External Relations Law
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Author : Eleftheria Neframi
language : en
Publisher: Nomos Verlag
Release Date : 2018-10-11
Constitutional Issues Of Eu External Relations Law written by Eleftheria Neframi and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-11 with Law categories.
Der vorliegende Band untersucht zentrale Fragen des EU-Außenwirtschaftsrechts. Im Lichte der jüngsten Rechtsprechung werden die verfassungsrechtlichen Grundlagen der EU neu vermessen. Die einzelnen Kapitel untersuchen dabei das Verhältnis der spezifischen EU-Rechtsordnung für das auswärtige Handeln zu den verfassungsrechtlichen Grundlagen der Mitgliedsstaaten.
Supranational Governance At Stake
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Author : Mario Telò
language : en
Publisher: Routledge
Release Date : 2020-05-01
Supranational Governance At Stake written by Mario Telò and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-01 with Political Science categories.
This book examines the varied competences of the European Union (EU) in relation to its capacity to externalize its policy preferences. Specifically, it explores the continued resilience within the EU’s policy toolbox of supranational modes of governance beyond the State. The book first situates European experiences of supranationality in relations to the wide variety of regional and global modes of governance it comes into contact with when seeking to deal with an increasingly complex and fragmented international environment. Over the course of its subsequent sections, the book analyses the resilience, flexibility and adaptability of the EU’s supranational practices across a significant cross-section of policy fields, for example, Area Freedom of Justice, Justice and Security; Socio-economic Governance; or Trade Policies. Overall, these chapters unpack the impact of the EU’s internal institutional complexity on the EU's external capacity to export its preferences in an increasingly fragmented international environment. This in turn, sees the book also question whether the EU has the institutional tools to guarantee and implement consistency between its internal and external policies. This book will be of key interest to scholars and students of EU politics/studies and more broadly to International relations, International/EU Law, comparative regionalism, international political economy, security studies, international law.
Private International Law
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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Private International Law written by Franco Ferrari and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-27 with Law categories.
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Eu External Relations Law
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Author : Ramses A Wessel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-02
Eu External Relations Law written by Ramses A Wessel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.
Succession Upon Death A Comparison Of European And Turkish Private International Law
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Author : Biset Sena Günes
language : en
Publisher: Mohr Siebeck
Release Date : 2023-09-04
Succession Upon Death A Comparison Of European And Turkish Private International Law written by Biset Sena Günes and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-04 with categories.
Research Handbook On International Family Law
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Author : Janeen M. Carruthers
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-06-05
Research Handbook On International Family Law written by Janeen M. Carruthers and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-05 with Law categories.
The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.
The Division Of Competences Between The Eu And The Member States
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Author : Sacha Garben
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
The Division Of Competences Between The Eu And The Member States written by Sacha Garben and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.
The Foundations Of European Transnational Private Law
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Author : Anna Beckers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-05-30
The Foundations Of European Transnational Private Law written by Anna Beckers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-30 with Law categories.
Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.