By Anna Södersten, Dennis Patterson
That includes contributions from popular scholars, A significant other to ecu Union legislations and overseas Law offers a finished and authoritative selection of essays that addresses all the most vital subject matters on eu Union and foreign law.
- Integrates the fields of eu Union legislations and foreign legislation, revealing either the similarities and differences
- Features contributions from well known students within the fields of european legislation and overseas law
- Covers a wide diversity of topical concerns, together with alternate, institutional decision-making, the ecu courtroom of Justice, democracy, human rights, legal legislation, the EMU, and plenty of others
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Extra resources for A companion to European Union law and international law
A better approach may well be to think of international law not as an appendage to national law but as a body of law that requires its own theorization. No matter how one approaches these questions, consideration of the views of Kelsen, Hart, and Dworkin are essential for anyone contemplating international law. Despite these i mpressive interventions in a field dominated by discussions of the varieties of positivism and the merits of interpretivism, far too little attention has been paid to what is surely a central and increasingly important topic of law and legal theory.
Kelsen is equally open to taking international law as the starting point for validity, thus placing it at the apex of the pyramid in his hierarchical system. From this point of view, the international legal system is characterized as a universal legal order. ” The state is an order delegated by international law in its validity. Kelsen rejects the objection that, historically, the states preceded the creation of general international law and that the individual state therefore cannot be conceived of as an order delegated by international law.
First, it was to be endowed with a supranational institutional structure not unlike that of the ECSC. The EDC Treaty provided for a European army, composed of units placed at the disposal of the Council of Ministers by the member states. A common budget would be drawn up, and an executive body, the “Commissariat,” would lay down common programs in the field of armaments, provisioning, and military infrastructure. The objects of the EDC were to be purely defensive, 28 Michael Dougan within the context of the North Atlantic Treaty.
A companion to European Union law and international law by Anna Södersten, Dennis Patterson