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Author: Támas Molnár
Publisher: Edward Elgar Publishing
Published: 2021-04-30
Total Pages: 272
ISBN-13: 1839105232
DOWNLOAD EBOOKThis insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.
Author: Tamás Molnár
Publisher: Edward Elgar Publishing
Published: 2024-10-03
Total Pages: 329
ISBN-13: 1800888767
DOWNLOAD EBOOKJuxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely contribution to this important field of study.
Author: Nicolas Levrat
Publisher: Bloomsbury Publishing
Published: 2022-02-24
Total Pages: 366
ISBN-13: 1509945881
DOWNLOAD EBOOKEU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.
Author: Birgit Hollaus
Publisher: Edward Elgar Publishing
Published: 2023-07-01
Total Pages: 333
ISBN-13: 1035302608
DOWNLOAD EBOOKPrompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with this key instrument of treaty-based international environmental governance.
Author: Daniel Thym
Publisher: Oxford University Press
Published: 2023-05-16
Total Pages: 721
ISBN-13: 0192646729
DOWNLOAD EBOOKThis title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.
Author: Evangelia Tsourdi
Publisher: Edward Elgar Publishing
Published: 2022-12-08
Total Pages: 543
ISBN-13: 1786439638
DOWNLOAD EBOOKThis important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.
Author: Madalina Moraru
Publisher: Bloomsbury Publishing
Published: 2020-08-06
Total Pages: 516
ISBN-13: 1509922962
DOWNLOAD EBOOKThis volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Author: Sören Koch
Publisher: Springer Nature
Published: 2023-05-30
Total Pages: 1171
ISBN-13: 3031277457
DOWNLOAD EBOOKCooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.
Author: Luis M. Hinojosa-Martínez
Publisher: Edward Elgar Publishing
Published: 2023-07-01
Total Pages: 373
ISBN-13: 1035312328
DOWNLOAD EBOOKThis timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.
Author: Mykhailo Minakov
Publisher: BoD – Books on Demand
Published: 2022-03-22
Total Pages: 390
ISBN-13: 3838216415
DOWNLOAD EBOOKThe recent history of post-Soviet societies is heavily shaped by the successor nations’ efforts to geopolitically re-identify themselves and to reify certain majorities in them. As a result of these fascinating processes, various new ideologies have appeared. Some are specific to the post-Soviet space while others are comparable to ideational processes in other parts of the world. In this collected volume, an international group of contributors delves deeper into recent theoretical constructions of various post-Soviet majorities, the ideologies that justify them, and some respectively formulated policy prescriptions. The first part analyzes post-Soviet state-builders’ fixation on certain constructed majorities as well as on these imagined communities’ symbolic self-identifications, in- or outward othering, and national languages. The second part deals specifically with post-Soviet ideas of sovereigntism and the way they define majorities as well as imply changes in internal and external policies and legal systems. These processes are analyzed in comparison to similar phenomena in Western societies. The book’s contributors include (in the order of their appearance): Natalia Kudriavtseva, Petra Colmorgen, Nadiia Koval, Ivan Gomza, Augusto Dala Costa, Roman Horbyk, Yana Prymachenko, Yuliya Yurchuk, Oleksandr Fisun, Nataliya Vinnykova, Ruslan Zaporozhchenko, Mikhail Minakov, Gulnara Shaikhutdinova, and Yurii Mielkov.
