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  • Author: Marc Jacob
  • Publication Date: 11-2010
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The title could hardly be more portentous. The Past and Future of EU Law. All of it. In one volume. Luckily, neither the more down-to-earth subtitle – The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty – nor the various contributions in this intriguing collection, edited by Miguel Poiares Maduro and Loїc Azoulai, insist on the title's totalizing flight of fancy.
  • Political Geography: Europe
  • Author: Dimitry Kochenov
  • Publication Date: 11-2010
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The study of European law is finally saved from the dark age of narcissistic ideology of sui generis thinking. That 'the EU is unique' is probably true, but certainly not from the point of view of legal studies. Notwithstanding the first stages of the study of EU law inspired by federative thinking (especially with the help of American scholars versed in federalism theory), the philosophy of EU law soon entered a state of flux where it long remained. This was because of two important factors: short-sighted dogmatism and unrestricted self-love. Important contributions from brilliant jurists, among them Koen Lenaerts and Jean-Claude Piris, were unable to reverse the trend. As the mantra goes, the 'European Union is not a state and not an international organisation sensu stricto' – hence it is absolutely unique, sui generis. Moreover, since 'Europe is not a state, it is not a federation'.
  • Political Geography: Europe
  • Author: Roda Mushkat
  • Publication Date: 04-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In a series of influential articles, Ryan Goodman and Derek Jinks, professors at Harvard Law School and University of Texas Law School respectively, have proposed a distinctly sociological approach to analysing compliance with human rights law. The conceptual framework which they have constructed for this purpose is grounded in the notion of acculturation, a well-established social process whose dynamics in the international legal context has been examined by the two authors in a multi-step fashion, featuring a progression from general model-building to elaborate responses to specific issues raised by critics. Their latest contribution on the subject falls predominantly into the latter category. It is entitled ' Incomplete Internationalization and Compliance with Human Rights Law ' and has been recently published in the European Journal of International Law .
  • Topic: Human Rights, International Affairs
  • Political Geography: Europe, Texas
  • Author: Fiona E. Marshall
  • Publication Date: 04-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This volume documents the proceedings of a conference held in 2003 on 'The WTO after the Failure of Cancún', organized by the European Community Studies Association (ECSA), Austria. Participants included both scholars, expert in WTO law and practice, and practitioners from private practices and departments within the WTO. While its contents reflect the state of play immediately following Cancún, due to the continued lack of consensus in the Doha Round negotiations the contributions can be considered pertinent today to the extent that they reflect the state of negotiations in 2004. Irrespective of this, however, and while not expecting the volume to take account of the July 2008 meeting, it is unfortunate that the contributions were not published sooner in a volume, or that an additional chapter was not provided highlighting relevant developments since 2004. Equally, given that the majority of, if not all, the contributors are experts on the particular topic on which they wrote, it is perhaps surprising that they themselves were not interested in providing an up-to-date account.
  • Topic: World Trade Organization
  • Political Geography: Europe, Austria
  • Author: Juan Santos Vara
  • Publication Date: 04-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This interesting edited book is the outcome of a research project carried out by Bologna University, the Université Libre de Bruxelles, and the University of Nice Sophia Antipolis, and financed by the Jean Monnet Action of the European Commission. The main themes which guided this research are democracy, coherence, and transparency in the European Union. Since these issues pertain to the great challenges currently affecting the constitutional structure of the EU, one welcomes this choice of the coordinators of this research project. The book includes articles which analyse the strengths and weaknesses of the constitutional system of the EU with respect to these themes. While the original objective was to examine whether the Constitutional Treaty had satisfactorily responded to the demands for democracy, coherence, and transparency, the abandonment of the constitutional path redirected the research to analysing whether the EU would respect these principles with the entry into force of the Treaty of Lisbon.
  • Political Geography: Europe, Lisbon
  • Author: Dimitry Kochenov
  • Publication Date: 04-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: When you are on the subway in New York, it is difficult not to notice numerous Spanish language information posters about equality and non-discrimination, such as 'Housing discrimination on the basis of sex, race, ethnic origin… is unlawful'. They not only state the law: a telephone number in the corner informs you of where to call to make sure that if you are the victim of discrimination, help is available. Have you seen such posters in a Romani language in the Prague metro? Or in Arabic on the trains around Rotterdam?
  • Topic: Law
  • Political Geography: New York, Europe
  • Author: Pasquale De Sena, Maria Chiara Vitucci
  • Publication Date: 02-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the 'value oriented' approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this attitude. Basically, when different legal values are at stake, the need arises to strike a balance between them, as the ECJ has recently done in the appeal decision in the Yusuf and Kadi cases. Such a tendency, if consistently followed, could serve as a valuable instrument to find the correct equilibrium between the security interest and the need for respect of human rights.
  • Topic: Security, Human Rights, United Nations
  • Political Geography: Europe
  • Author: Nikolaos Lavranos
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Benvenisti and Downs' article addresses a very complex topic which raises a host of difficult problems for which no clear and easy answers are readily available. Accordingly, and in view of the limited space that has been allocated for this response, I had to be selective and restrict myself by adding some other colours and different perspectives to the picture that has been painted by the authors. My response will start by discussing first the analytical framework before moving towards a critique in substance.
  • Political Geography: Europe
  • Author: Jacob Katz Cogan
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The proliferation of international law and institutions over the past two decades has produced both excitement and anxiety. Cooperation and coordination – formal and informal – have allowed states and other international actors to get at global and regional problems and facilitate international exchange much more than in the past. The heightened activities of international organizations and national governments have pertained both to traditional areas, as well as those, such as environmental law, which had hitherto been almost exclusively within the domain of domestic politics and law. Such developments have worried those who believe that decisions taken at the international level are insufficiently reflective of and constrained by democratic politics and basic principles of due process, and unfairly give preferences to powerful states over less powerful ones.
  • Political Geography: Europe
  • Author: Eyal Benvenisti, George W. Downs
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: We thank the three commentators for their thoughtful and most helpful comments on our essay. We regret that we cannot do justice to all of them in this brief rejoinder. We would like to note at the outset that we agree with the collective assessment that we have only begun to understand the character and dynamics of inter-judicial cooperation, the nature of the motivations that underlie it, and its potential effects. In a forthcoming paper we examine the nature of the potential externalities of national court coordination with respect to fostering greater democratic accountability at both the domestic and the international level and we argue that, at least relative to the current status quo, these effects are likely to be positive at both levels. However, much remains to be done.
  • Political Geography: Europe