The External Dimension of EU Private International Law After Opinion 1/13


Book Description

The interest of the EU in international efforts towards the harmonisation of private international law has steadily increased over the years. The EU is already a party to several conventions that lay down uniform rules on jurisdiction, conflicts of laws and the recognition and enforcement of judgments. Additionally, various international instruments dealing with judicial cooperation in civil matters have been ratified by the Member States 'in the interest of the Union', or are now administered by the EU.On different occasions the Court of Justice has expressed its views regarding the scope of the external competence of the Union in the field of private international law, the conditions upon which this competence should be regarded as exclusive and the principles according to which the competence itself should be exercised. In spite of this, the development of the external dimension of EU private international law remains a controversial topic, and different questions still await answersThe essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications. Written by leading legal scholars for academics and practitioners, the book discusses, in particular, the principles stated in the latest intervention of the Court of Justice on this topic, Opinion 1/13, regarding the Union's competence as to the acceptance of the accession of third States to the Hague Convention of 1980 on international child abduction, as well as the implications of the Opinion for the development of the EUs external action and legislation in this area.




Treaty Conflict and the European Union


Book Description

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







The Question of Competence in the European Union


Book Description

The allocation of powers between the European Union and its Member States is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question




EU Law


Book Description

Building on its unrivalled reputation as the definitive EU law textbook, this seventh edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience, Paul Craig and Gráinne de Búrca succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation, and academic publications. Chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting-edge debates. The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU has been added.




EU External Relations Post-Lisbon


Book Description

Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.




The Law of the Seabed


Book Description

Characterizing the seabed : a geoscience perspective / Alvar Braathen and Harald Brekke -- Deep-sea ecosystems : biodiversity and anthropogenic impacts / Eva Ramirez-Llodra -- A short human history of the ocean floor / Håkon With Andersen -- Setting maritime limits and boundaries : experiences from Norway / Harald Brekke -- The seabed in the high north : how to address conflicts? / Alexander S. Skaridov -- Current human impact on Antarctic seabed environment and international law / Y.E. Brazovskaya and G.F. Ruchkina -- Commercial mining activities in the deep seabed beyond national jurisdiction : the international legal framework / Joanna Dingwall -- Framework legislation for commercial activities in the area / Erik Røsæg -- Maritime security and deep seabed beyond national jurisdiction / Edwin Egede -- The rights to genetic resources beyond national jurisdiction : challenges for the ongoing negotiations at the United Nations / Tullio Scovazzi -- Marine genetic resources : a practical legal approach to stimulate research, conservation and benefit sharing / Morten Walløe Tvedt -- Deep-sea bottom fisheries and the protection of seabed ecosystems : problems, progress and prospects / Richard Caddell -- Review of national legislations applicable to seabed mineral resources exploitation / Saul Roux and Catherine Horsfield -- European Union law and the seabed / Finn Arnesen, Rosa Greaves, and Alla Pozdnakova -- China's domestic law on the exploration and development of resources in deep seabed areas / Chelsea Zhaoxi Chen -- Implementation of article 82 of the United Nations Convention on the law of the sea : the challenge for Canada / Aldo Chircop -- The use of sub-seabed transboundary geological formations for the disposal of carbon dioxide / Nigel Bankes -- Decommissioning of offshore installations : a fragmented and ineffective international regulatory framework / Seline Trevisanut -- Re-using (nearly) depleted oil and gas fields in the North Sea for CO2 storage : seizing or missing a window of opportunity? / Martha M. Roggenkamp -- International investment law and the regulation of the seabed / James Harrison -- Navigating legal barriers to mortgaging energy installations at sea : the case of the North Sea and the Netherlands / Jaap J.A. Waverijn -- Crossing the sectoral divide : modern environmental law tools for addressing conflicting uses on the seabed / Rosemary Rayfuse -- Commercial arrangements and liability for crossing pipelines, power cables and telecom cables (connectors) on the seabed / Lars Olav Askheim -- Balancing competing interests when building marine energy infrastructures : the case of the nord stream pipelines / David Langlet -- Liability and compensation for activities in the area / Kristoffer Svendsen.




The European Court of Justice and External Relations Law


Book Description

This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.




East African Community Law


Book Description

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.