The Legitimacy of International Trade Courts and Tribunals
Author: Robert Howse
Publisher: Studies on International Courts and Tribunals
Published: 2018-04-12
Total Pages: 547
ISBN-13: 1108424473
DOWNLOAD EBOOK2.2 Procedural Rules and Issues
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The EFTA Court
Author: Carl Baudenbacher
Publisher: Hart Publishing
Published: 2005-08
Total Pages: 240
ISBN-13:
DOWNLOAD EBOOKThis book is based on a conference where speakers were asked to reflect on the case law of the EFTA Court and its role in the European Economic Area.
Broberg and Fenger on Preliminary References to the European Court of Justice
Author: Morten Broberg
Publisher: Oxford University Press
Published: 2021-03-25
Total Pages: 544
ISBN-13: 0192581708
DOWNLOAD EBOOKThis book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.
The EFTA Court
Author: EFTA Court
Publisher: Bloomsbury Publishing
Published: 2024-08-08
Total Pages: 771
ISBN-13: 1509968814
DOWNLOAD EBOOKThe EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.
The Legitimacy of International Trade Courts and Tribunals
Author: Robert Howse
Publisher: Cambridge University Press
Published: 2018-04-12
Total Pages: 548
ISBN-13: 1108342787
DOWNLOAD EBOOKThe recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.
The Transformation of Private Law – Principles of Contract and Tort as European and International Law
Author: Maren Heidemann
Publisher: Springer Nature
Published:
Total Pages: 1099
ISBN-13: 3031284976
DOWNLOAD EBOOKEuropean Free Trade Association (EFTA) and the European Economic Area (EEA)
Author: Georges Baur
Publisher: Kluwer Law International B.V.
Published: 2018-03-27
Total Pages: 179
ISBN-13: 9403500115
DOWNLOAD EBOOKDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of European Free Trade Association (EFTA) and the European Economic Area (EEA) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of European Free Trade Association (EFTA) and the European Economic Area (EEA) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
A Constitutional Order of States?
Author: Anthony Arnull
Publisher: Bloomsbury Publishing
Published: 2011-03-03
Total Pages: 583
ISBN-13: 1847317812
DOWNLOAD EBOOKThis collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.
The Handbook of EEA Law
Author: Carl Baudenbacher
Publisher: Springer
Published: 2015-12-11
Total Pages: 869
ISBN-13: 3319243438
DOWNLOAD EBOOKThis Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union’s Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health
The Performance of International Courts and Tribunals
Author: Theresa Squatrito
Publisher: Cambridge University Press
Published: 2018-04-05
Total Pages: 472
ISBN-13: 1108626130
DOWNLOAD EBOOKInternational courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.
