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  • Author: Filippo Fontanelli
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The vertical relationship between national and international courts is the core subject of this book, in which Shany develops and integratesthe findings of his previous 2003 work, by enlarging the analysis thereof to the 'vertical' relations between domestic and international courts. In this work he puts forward some suggestions on how to restrain the chaotic trend of fragmentation of the global legal order, making use of some procedural principles which are traditionally rooted in the field of private international law (lis alibi pendens, ne bis in idem, estoppel, res judicata, electa una via).
  • Author: Jaume Ferrer Lloret
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article reviews the book edited by Professor Carlos Jiménez Piernas entitled The Legal Practice in International Law and European Community Law – A Spanish Perspective. As the editor points out in his prologue, this publication is an updated and revised English edition of a volume published in 2003 in Spanish. The new publication retains the Spanish edition's general structure of five substantive parts, plus indexes, which deal with legal practice before International Tribunals in International Organizations and in the European Union, national legal practice in international law, as well as with some legal tools for international lawyers, in particular to determine evidence of state practice and concerning sources of knowledge of international law on the internet. The title of the book is suggestive and confusing at the same time. It is suggestive in that it apparently deals with a topic which is seldom addressed in the literature on international law, i.e., 'legal practice'. Indeed, the book covers innovative topics which, in the near future, may become very relevant both for states and international organizations, as well as individuals and private companies.
  • Political Geography: Europe
  • Author: Ramin S. Moschtaghi
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The book is one of two volumes1 published by the 'Human Rights in International Law and Iran' project of the British Institute of International and Comparative Law. This project primarily aims at fostering the dialogue on human rights between international and Iranian legal scholars, practitioners, and intellectuals. Although this is a worthwhile aim and the book is the first comprehensive introduction to the Iranian legal system written in English by a jurist, the book unfortunately falls short of expectations. The author is an Iranian lawyer and has been a research fellow at the British Institute of International and Comparative Law. It is widely uncritical, partly faulty, and sometimes the English version is hard to comprehend without reference to the Farsi text or prior knowledge. For instance the term Imām-e djome is translated by the English word Friday. Thus, a reader of the English version might get the impression that Imām-e djome is the Persian equivalent of Friday, the famous companion of Robinson Crusoe, whereas, in fact, the term refers to Muslim preachers of the Friday sermon. Due to mistakes and shortcomings like this, the book gives the impression rather of a working paper than £50 worth of final work.
  • Topic: Human Rights
  • Political Geography: Iran
  • Author: Maja Smrkolj
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This volume aims to contribute to an understanding of the relationship and conflict between the obligations of EU Member States arising under international treaties and their obligations under EU law. In the preface the author, Jan Klabbers, admits that at the outset he did not have a thesis but rather 'an intuition: the intuition that the EC Court usually makes things too simple for itself by ignoring the international law aspects'. When reading these lines, some of the more recent instances confirming such uneasiness, including the 2008 Kadi, Interanko and FIAM cases, immediately come to mind.
  • Political Geography: Europe
  • Author: Helmut Philipp Aust
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: It is a perennial question what role law has to play in the conduct of foreign policy. Urfan Khaliq asks this question for the European Union (EU). The starting point of his analysis is the commitment of the EU to a certain set of 'ethical values', namely the promotion of human rights, the rule of law, and democracy. While these values are central to the identity of the EU (Article 6 of the Treaty Establishing the EU), it is open to debate whether they play an equally important role in the conduct of its foreign policy. Other studies have been devoted to this issue or have analysed the discrepancy between the way the constitutional principles of the EU apply internally and externally. The monograph under review is not so much interested in a doctrinal assessment of these issues. Rather, Khaliq raises the point to what extent the foreign policy of the EU is conducted in a coherent manner, whether it can fulfil its objectives, and, most importantly, what role international law in general and the internal law of the EU in particular has to play in this regard.
  • Political Geography: Europe
  • Author: Dimitry Kochenov
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: There is indeed an extremely long way from Soviet Republics to EU Member States. Although fitting into one and a half decades, the complexity of this transformation is truly stunning and concerns all spheres of life of the Baltic States.
  • Political Geography: Europe, Soviet Union
  • Author: Ilias Bantekas
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: If anyone were best suited to writing a book on the European criminal record (ECR) it would certainly be the current editors. The EC Commission commissioned them to study and analyse the potential of creating an ECR, and it is on the basis of their reports that the matter has generally progressed within the legislative committees of the Union. Moreover, their studies have been used as benchmarks in relevant Commission discussions. It is therefore no accident that they have compiled the essays which are incorporated in this book in such a manner that reflects a very significant practical as well as theoretical expertise by means of an insider's viewpoint.
  • Political Geography: Europe
  • Author: James Upcher
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The establishment of International Relations (IR) as a discrete field of inquiry led to a rupture with legal and historical discourses. What followed was an almost unchallenged focus on explanatory and predictive analysis, and ethical questions were laid aside. The Oxford Handbook of International Relations is driven by the editors' conviction that the segregation of the empirical from the normative is untenable: both aspects permeate IR theories. The volume is more than a survey of the dominant approaches to the study of IR; it seeks to bring the tensions between empirical and normative dimensions to light and thereby to advance debate on the direction of the discipline.