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Secession And European Union Law
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Book Synopsis Secession from a Member State and Withdrawal from the European Union by : Carlos Closa
Download or read book Secession from a Member State and Withdrawal from the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2017-09-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.
Book Synopsis Secession and European Union Law by : N?ria Gonz?lez Campa??
Download or read book Secession and European Union Law written by N?ria Gonz?lez Campa?? and published by Oxford University Press. This book was released on 2024-05-23 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.
Download or read book Unrecognized Entities written by and published by BRILL. This book was released on 2021-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
Book Synopsis The Canadian Contribution to a Comparative Law of Secession by : Giacomo Delledonne
Download or read book The Canadian Contribution to a Comparative Law of Secession written by Giacomo Delledonne and published by Springer. This book was released on 2018-12-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Book Synopsis The History of the European Union by : Giuliano Amato
Download or read book The History of the European Union written by Giuliano Amato and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union celebrated its 60th anniversary in 2017, but celebrations were muted by Brexit and the growing sense of a crisis of identity. However, as this seminal work shows, the history and ambition of the European Union are considerable. Written by key stakeholders who, between them, acted as architects, adjudicators and arbitrators of the project, it presents the definitive history of the first two generations of the European Union. This book revisits the birth and consolidation of the great project of a united Europe and the political, institutional, judicial and economical frameworks of the European Union: from the process towards integration, to the advancements and the impasses in building a political union.
Book Synopsis Secessionism and the European Union by : Glen M. E. Duerr
Download or read book Secessionism and the European Union written by Glen M. E. Duerr and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates secessionist movements within the European Union, drawing on the author's in-depth research interviews with elected members of the major pro-independence political parties in Flanders, Scotland, and Catalonia. The book considers shifts within party platforms as well as why these regions are not yet independent.
Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Book Synopsis Constitutional Imaginaries by : Jiří Přibáň
Download or read book Constitutional Imaginaries written by Jiří Přibáň and published by Routledge. This book was released on 2021-09-30 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.
Book Synopsis Changing Borders in Europe by : Jacint Jordana
Download or read book Changing Borders in Europe written by Jacint Jordana and published by Routledge. This book was released on 2018-12-21 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing Borders in Europe focuses on the territorial dimension of the European Union. It examines the transformation of state sovereignty within the EU, the emergence of varied self-determination claims, and the existence of a tailor-made architecture of functional borders, established by multiple agreements. This book helps to understand how self-determination pressures within the EU are creating growing concerns about member states’ identity, redefining multi-level government in the European space. It addresses several questions regarding two transformative processes – blurring of EU borders and state sovereignty shifts - and their interrelations from different disciplinary perspectives such as political science, law, political economy and sociology. In addition, it explores how the variable geographies of European borders may affect the issue of national self-determination in Europe, opening spaces for potential accommodations that could be compatible with existing states and legal frameworks. This book will be of key interest for scholars, students and practitioners of EU politics, public administration, political theory, federalism and more broadly of European studies, international law, ethnic studies, political economy and the wider social sciences.
Book Synopsis Secession in International Law by : Milena Sterio
Download or read book Secession in International Law written by Milena Sterio and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest.
Author :Christopher Heath Wellman Publisher :Cambridge University Press ISBN 13 :9780521849159 Total Pages :224 pages Book Rating :4.8/5 (491 download)
Book Synopsis A Theory of Secession by : Christopher Heath Wellman
Download or read book A Theory of Secession written by Christopher Heath Wellman and published by Cambridge University Press. This book was released on 2005-09-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.
Download or read book Collapse written by Ian Kearns and published by Biteback Publishing. This book was released on 2018-04-17 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now commonplace to hear people say the EU is embroiled in an existential crisis. Indeed, Brexit may mean the process of EU disintegration has already begun. However, while much political and journalistic attention is centred on describing the EU's woes, far less attention is being paid to what the consequences of such a disintegration might be. From the terrorist and migration crises facing the Continent to the new threat from Russia, and from the euro's unending fragility to the rise of a new, Eurosceptic politics, Ian Kearns tells the story of the biggest crisis to hit Europe since the end of the Second World War. It makes clear just what is at stake. With the EU in a far more fragile state than many realise, Collapse sets out the specific scenarios that could lead to the breakdown of the European Union. It charts the catastrophic economic, political and geopolitical developments likely to follow should such a collapse occur. And it offers bold solutions to challenge those in positions of authority to build a new, reformed union one capable of riding out the storm and of positioning Europe for success in the remainder of the twenty-first century. Drawing on the author's extensive network of senior political, diplomatic, military and business leaders from across the Continent, Collapse tells the story of Europe's super-crisis from within. Both an urgent warning and a passionate call to action, it seeks to defend not just the EU but the seven decades of peace and progress the union represents.
Book Synopsis Europe and the Recognition of New States in Yugoslavia by : Richard Caplan
Download or read book Europe and the Recognition of New States in Yugoslavia written by Richard Caplan and published by Cambridge University Press. This book was released on 2005-09-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe's recognition of new states in Yugoslavia remains one of the most controversial episodes in the Yugoslav crisis. Richard Caplan offers a detailed narrative of events, exploring the highly assertive role that Germany played in the episode, the reputedly catastrophic consequences of recognition (for Bosnia-Herzegovina in particular) and the radical departure from customary state practice represented by the EC's use of political criteria as the basis of recognition. The book examines the strategic logic and consequences of the EC's actions but also explores the wider implications, offering insights into European security policy at the end of the Cold War, the relationship of international law to international relations and the management of ethnic conflict. The significance of this book extends well beyond Yugoslavia as policymakers continue to wrestle with the challenges posed by violent conflict associated with state fragmentation.
Book Synopsis Europe's Foreign and Security Policy by : Michael E. Smith
Download or read book Europe's Foreign and Security Policy written by Michael E. Smith and published by Cambridge University Press. This book was released on 2004 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a common security and foreign policy has been one of the most contentious issues accompanying the integration of the European Union. In this book, Michael Smith examines the specific ways foreign policy cooperation has been institutionalized in the EU, the way institutional development affects cooperative outcomes in foreign policy, and how those outcomes lead to new institutional reforms. Smith explains the evolution and performance of the institutional procedures of the EU using a unique analytical framework, supported by extensive empirical evidence drawn from interviews, case studies, official documents and secondary sources. His perceptive and well-informed analysis covers the entire history of EU foreign policy cooperation, from its origins in the late 1960s up to the start of the 2003 constitutional convention. Demonstrating the importance and extent of EU foreign/security policy, the book will be of interest to scholars, researchers and policy-makers.
Book Synopsis European Integration and the Nationalities Question by : John McGarry
Download or read book European Integration and the Nationalities Question written by John McGarry and published by Routledge. This book was released on 2006-09-27 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: A highly topical examination of the effect of European integration on relations between states and minority nations. This new collection brings together the leading specialists in the field, and covers a wide range of cases, from Northern Ireland in the West, to Estonia and Latvia in the East, and Cyprus in the South-East. The contributors assess how European integration has affected the preparedness of states to accommodate minorities across a range of fundamental criteria, including: enhanced rights protection; autonomy; the provision of a voice for minorities in the European and international arena; and the promotion of cross-border cooperation among communities dissected by state frontiers. The comprehensive chapters stress the importance of the nationality question, and the fact that, contrary to the hopes and beliefs of many on the left and right, it is not going to go away. Beginning with an introductory essay that summarizes the impact of European integration on the nationalities question, this accessible book will be of strong interest to scholars and researchers of politics, nationalism, ethnic conflict and European studies.
Book Synopsis Self-Determination and Secession in International Law by : Christian Walter
Download or read book Self-Determination and Secession in International Law written by Christian Walter and published by OUP Oxford. This book was released on 2014-06-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.
