By Anna Södersten, Dennis Patterson
That includes contributions from popular scholars, A significant other to ecu Union legislations and overseas Law provides a complete and authoritative selection of essays that addresses the entire most crucial subject matters on ecu Union and overseas law.
- Integrates the fields of ecu Union legislations and foreign legislation, revealing either the similarities and differences
- Features contributions from well known students within the fields of ecu legislation and foreign law
- Covers a large diversity of topical matters, together with alternate, institutional decision-making, the ecu court docket of Justice, democracy, human rights, felony legislation, the EMU, and plenty of others
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Extra resources for A companion to European Union law and international law
Since the 1980s, the EEC has undergone an even more far‐reaching set of transformations. In some respects, the treaties have achieved their goal of creating an ever‐closer union among the peoples of Europe; in other respects, the integration process has revealed serious tensions European Integration and EU Constitutional Reform 31 between the Community (now Union) and its member states. Those developments can usefully be charted through the evolution of the primary treaties themselves. 21 Its seemingly odd title is explained by the fact that, within a single legal instrument, there were juxtaposed provisions amending the three Community treaties and provisions organizing cooperation in the intergovernmental sphere of foreign policy.
Further, in Dworkin’s view, it is “unfair” that one generation can bind the next when the consent is the product of different political processes. Dworkin also argues that the logic of consent as the basis for international law is circular. There is no explanation to why states that have not consented to a law may nevertheless be subject to it as “customary” law. , a norm from which derogation is never permitted). ”33 For this, Dworkin proposes the principle of salience, which he describes as follows: Coercive government (I include not just traditional “sovereign” states but also any institution or organization claiming coercive authority) has a standing duty to improve its own legitimacy.
11 On the international level, there is an unequal distribution of power and strength among states, and sanctions do not guarantee that powerful states obey the rules. Hart argues that although sanctions might have different functions in international law from those in municipal law, this is not a reason for depriving international law of its character as law. The second objection Hart considers is that states are incapable of being subjects of legal obligation, that is, states cannot both be sovereign transnational governance regimes and at the same time have obligations under international law.
A companion to European Union law and international law by Anna Södersten, Dennis Patterson