The Interplay between the EU's Return Acquis and International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839105232
Total Pages : 272 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The Interplay between the EU's Return Acquis and International Law by : Támas Molnár

Download or read book The Interplay between the EU's Return Acquis and International Law written by Támas Molnár and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.

International Law as Law of the European Union

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004215522
Total Pages : 428 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Law as Law of the European Union by : Enzo Cannizzaro

Download or read book International Law as Law of the European Union written by Enzo Cannizzaro and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.

The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015/2016 Crisis

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Author :
Publisher : BRILL
ISBN 13 : 9004368299
Total Pages : 335 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015/2016 Crisis by : Vladislava Stoyanova

Download or read book The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015/2016 Crisis written by Vladislava Stoyanova and published by BRILL. This book was released on 2018-11-22 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.

The EU and its Member States’ Joint Participation in International Agreements

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509945881
Total Pages : 366 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The EU and its Member States’ Joint Participation in International Agreements by : Nicolas Levrat

Download or read book The EU and its Member States’ Joint Participation in International Agreements written by Nicolas Levrat and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU 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.

Multilateral Compliance Mechanisms in EU Environmental Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035302608
Total Pages : 333 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Multilateral Compliance Mechanisms in EU Environmental Law by : Birgit Hollaus

Download or read book Multilateral Compliance Mechanisms in EU Environmental Law written by Birgit Hollaus and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted 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.

European Migration Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192646729
Total Pages : 721 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis European Migration Law by : Daniel Thym

Download or read book European Migration Law written by Daniel Thym and published by Oxford University Press. This book was released on 2023-05-16 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.

EU Law of the Overseas

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142738
Total Pages : 554 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Law of the Overseas by : Dimitry Kochenov

Download or read book EU Law of the Overseas written by Dimitry Kochenov and published by Kluwer Law International B.V.. This book was released on 2011-05-23 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the ‘EU law of the Overseas’. Member States’ territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.

Research Handbook on EU Migration and Asylum Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439638
Total Pages : 543 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on EU Migration and Asylum Law by : Evangelia Tsourdi

Download or read book Research Handbook on EU Migration and Asylum Law written by Evangelia Tsourdi and published by Edward Elgar Publishing. This book was released on 2022-12-08 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.

Handbook on Legal Cultures

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Author :
Publisher : Springer Nature
ISBN 13 : 3031277457
Total Pages : 1171 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Handbook on Legal Cultures by : Sören Koch

Download or read book Handbook on Legal Cultures written by Sören Koch and published by Springer Nature. This book was released on 2023-05-30 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cooperation 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.

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes

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Author :
Publisher : BRILL
ISBN 13 : 9004354239
Total Pages : 417 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes by : Sergio Carrera

Download or read book EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.

Enhancing the Rule of Law in the European Union’s External Action

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1035312328
Total Pages : 373 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Enhancing the Rule of Law in the European Union’s External Action by : Luis M. Hinojosa-Martínez

Download or read book Enhancing the Rule of Law in the European Union’s External Action written by Luis M. Hinojosa-Martínez and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.

Inventing Majorities

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3838216415
Total Pages : 390 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis Inventing Majorities by : Mykhailo Minakov

Download or read book Inventing Majorities written by Mykhailo Minakov and published by BoD – Books on Demand. This book was released on 2022-03-22 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.

Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922962
Total Pages : 516 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union by : Madalina Moraru

Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.

Principles, Definitions and Model Rules of European Private Law

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Author :
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Between Compliance and Particularism

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Author :
Publisher : Springer
ISBN 13 : 3030057828
Total Pages : 347 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Between Compliance and Particularism by : Marton Varju

Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

EU Regional Trade Agreements

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Author :
Publisher : Routledge
ISBN 13 : 1000374793
Total Pages : 177 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis EU Regional Trade Agreements by : Maryna Rabinovych

Download or read book EU Regional Trade Agreements written by Maryna Rabinovych and published by Routledge. This book was released on 2021-04-07 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book unveils the potential of utilizing EU Regional Trade Agreements (RTAs) as an instrument of promoting the rule of law to third states. In doing so, the book combines development economics, foreign policy and legal perspectives at three levels of analysis of four sectors to introduce the concept of "EU value-promoting RTAs". The book demonstrates that the EU RTAs bear considerable potential to be strategized as instruments of promoting the rule of law in third states, requiring, however, overcoming strict divides between EU political and economic cooperation, and values and acquis conditionality in its relations with third countries. This book will be of key interest to scholars and students of European Studies, European Union Law, EU external action/foreign policy, EU trade agreements and Development Studies, as well as to NGOs and think tanks that work on European affairs.

Eu Law Beyond Eu Borders

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Author :
Publisher :
ISBN 13 : 0198842171
Total Pages : 263 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Eu Law Beyond Eu Borders by : Marise Cremona

Download or read book Eu Law Beyond Eu Borders written by Marise Cremona and published by . This book was released on 2019-05-03 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the impact of EU law beyond its borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The 'global reach' of EU law is examined in policy areas of the environment, the internet and data protection, banking and financial markets, competition policy and migration.