Conflicts of Rights in the European Union
Conflicts of Rights in the European Union

Author: Aida Torres Pérez

Publisher:

Published: 2009

Total Pages: 224

ISBN-13: 0199568715

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Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

Treaty Conflict and the European Union
Treaty Conflict and the European Union

Author: Jan Klabbers

Publisher: Cambridge University Press

Published: 2009

Total Pages: 285

ISBN-13: 0521455464

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Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

The European Union and Border Conflicts
The European Union and Border Conflicts

Author: Thomas Diez

Publisher: Cambridge University Press

Published: 2008-03-27

Total Pages: 281

ISBN-13: 1139470752

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It is generally assumed that regional integration leads to stability and peace. This book is a systematic study of the impact of European integration on the transformation of border conflicts. It provides a theoretical framework centred on four 'pathways' of impact and applies them to five cases of border conflicts: Cyprus, Ireland, Greece/Turkey, Israel/Palestine and various conflicts on Russia's border with the EU. The contributors suggest that integration and association provide the EU with potentially powerful means to influence border conflicts, but that the EU must constantly re-adjust its policies depending on the dynamics of each conflict. Their findings reveal the conditions upon which the impact of integration rests and challenge the widespread notion that integration is necessarily good for peace. This book will appeal to scholars and students of international relations, European politics, and security studies studying European integration and conflict analysis.

The EU, Promoting Regional Integration, and Conflict Resolution
The EU, Promoting Regional Integration, and Conflict Resolution

Author: Thomas Diez

Publisher: Springer

Published: 2017-02-16

Total Pages: 352

ISBN-13: 3319475304

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This book provides a comprehensive study into the promotion of regional integration as a central pillar of European Union (EU) relations with the rest of the world. It is a strategy to deal with a core security challenge: the transformation of conflicts and, in particular, regional conflicts. Yet to what extent has the promotion of regional integration been successful in transforming conflicts? What can we regard as the core mechanisms of such an impact? This volume offers a comprehensive assessment of the nexus between promoting integration and conflict transformation. The authors systematically compare the consequences of EU involvement in eight conflicts in four world regions within a common framework. In doing so, they focus on the promotion of integration as a preventative strategy to avoid conflicts turning violent and as a long-term strategy to transform violent conflicts by placing them in a broader institutional context. The book will be of use to students and scholars interested in European foreign policy, comparative regionalism, and conflict resolution.

The European Union’s Approach to Conflict Resolution
The European Union’s Approach to Conflict Resolution

Author: Laurence Cooley

Publisher: Routledge

Published: 2018-10-09

Total Pages: 379

ISBN-13: 1351043463

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This book investigates and explains the European Union’s approach to conflict resolution in three countries of the Western Balkans: Bosnia and Herzegovina, Macedonia and Kosovo. In doing so, it critically interrogates claims that the EU acts as an agent of conflict transformation in its engagement with conflict-affected states. The book argues, contrary to the assumptions of much of the existing literature, that rather than seeking the transformation of conflicts, the EU pursues a more conservative strategy based on the regulation of conflict through the promotion of institutional mechanisms such as consociational power sharing and decentralisation. Drawing on discourse analysis of documents, speeches, and interviews conducted by the author with European Union officials and policy-makers in Brussels and the case-study countries, the book offers a theoretically grounded, methodologically rigorous and empirically detailed analysis of EU policy preferences, of the ideas that underpin them, and of how those preferences are legitimised. This book will be of key interest to scholars, students and practitioners interested in ethnic conflict and conflict resolution, the politics of the Balkans, and the external and foreign policies of the EU.

The European Union as a Global Conflict Manager
The European Union as a Global Conflict Manager

Author: Richard G. Whitman

Publisher: Routledge

Published: 2012

Total Pages: 274

ISBN-13: 0415528720

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This book provides a comprehensive assessment of how the EU has performed in facilitating mediation, conflict resolution and peacebuilding across the globe.

Fragmentation in International Human Rights Law
Fragmentation in International Human Rights Law

Author: Marjan Ajevski

Publisher: Routledge

Published: 2017-07-14

Total Pages: 167

ISBN-13: 1317442938

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This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.

When Human Rights Clash at the European Court of Human Rights
When Human Rights Clash at the European Court of Human Rights

Author: Stijn Smet

Publisher: Oxford University Press

Published: 2017

Total Pages: 289

ISBN-13: 0198795955

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The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.

Political Conflict in Western Europe
Political Conflict in Western Europe

Author: Hanspeter Kriesi

Publisher: Cambridge University Press

Published: 2012-07-26

Total Pages: 369

ISBN-13: 1139561057

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What are the consequences of globalization for the structure of political conflicts in Western Europe? How are political conflicts organized and articulated in the twenty-first century? And how does the transformation of territorial boundaries affect the scope and content of political conflicts? This book sets out to answer these questions by analyzing the results of a study of national and European electoral campaigns, protest events and public debates in six West European countries. While the mobilization of the losers in the processes of globalization by new right populist parties is seen to be the driving force of the restructuring of West European politics, the book goes beyond party politics. It attempts to show how the cleavage coalitions that are shaping up under the impact of globalization extend to state actors, interest groups and social movement organizations, and how the new conflicts are framed by the various actors involved.