e-Journal
- 1942 reads
The European Union’s Participation in the Creation of Customary International Law and Its Impact on Member State Sovereignty
e-Journal
- 921 reads
Table of Contents: I. Introduction. – II. Law-making capacity as an expression of sovereignty. – III. The participation of international organizations in the formation of customary international law. – III.1. Overview. – III.2. Whose practice? – III.3. Which norms? – III.4. Conclusion – IV. The practice of the EU and its relevance in the creation of...
The EU and Its Member States at War in Ukraine? Collective Self-defence, Neutrality and Party Status in the Russo-Ukraine War
e-Journal
- 1429 reads
Table of Contents: I. Introduction. – II. Aid and assistance provided to Ukraine since February 2022. – II.1. The European Union and its Member States. – II.2. The United States of America, the United Kingdom and Canada. – II.3. Russia’s response. – II.4. Reactions from other states. – II.5. Conclusion. – III. Jus ad bellum, neutrality law...
European Migration Law Between 'Rescuing' and 'Taming' the Nation State: A History of Half-hearted Commitment to Human Rights and Refugee Protection
e-Journal
- 931 reads
Table of Contents: I. Introduction. – II. Primary law: migration management and its limits. – III. Secondary legislation: enhanced protection of migrants’ rights. - III.1. Enhancing the rights of migrants – III.2. Promotion of State interests. - IV. Asylum policy: reform failure and circumvention. – IV.1. “Pushbacks” as an extreme form of non-...
The Sphere of Intervention: EU Law Supranationalism and the Concept of International Treaty
e-Journal
- 4356 reads
Table of Contents: I. I. Introduction. – II. The law of integration. – II.1. The summa divisio of the modern law and the autonomous “sphere of intervention”. – II.2. The concept of law-making treaty and the search for a European constitution. – II.3. Jürgen Habermas and the revision of Kant’s cosmopolitan right. – III. The law of...
The Primacy of EU Law: Interpretive, not Structural
e-Journal
- 931 reads
Table of Contents: I. Introduction. – II. Defiance. – III. Primacy of what? – IV. Pluralism in action. – V. The incoherence of pluralism. – V.1. Legal systems do not “conflict”. – V.2. Legal systems do not “overlap”. – V.3. Pluralism cannot provide a framework for consensus. – VI. Federal monism. – VII. Social monism. – VIII. Primacy: a pragmatic...
Nine Theses on Autonomy: Making Sense of a Controversial Doctrine
e-Journal
- 904 reads
Table of Contents: I. Introduction. – II. Autonomy in the early theories of sovereignty. – III. A historical hypothesis: autonomy as an institutional tool. – IV. The triumph of autonomy. – V. A change of paradigm: absolute autonomy v offene Staatlichkeit. – VI. Reverse autonomy. – VII. Autonomy of the EU vis-à-vis its Member States...
Federal Autonomy and Legal Theory in US Antebellum Constitutionalism: A View from Europe
e-Journal
- 3083 reads
Table of Contents: I. Introduction. – II. The autonomy of the federal legal order in US antebellum constitutionalism. – III. Justifying legal order. – IV. Autonomy, dual federalism and the monism–dualism dichotomy. – V. Conclusion.
Abstract: This Article analyses debates in US antebellum...
Does Anything Hang on the Autonomy of EU Law?
e-Journal
- 907 reads
Abstract: Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features. Nevertheless, I argue that Ronald Dworkin’s court-centric methodological approach is better-suited than Hartian positivism to shed light on the notion that EU law is autonomous. This is because most questions about the...
The Sphere of Intervention: EU Law Supranationalism and the Concept of International Treaty
e-Journal
- 965 reads
Table of Contents: I. I. Introduction. – II. The law of integration. – II.1. The summa divisio of the modern law and the autonomous “sphere of intervention”. – II.2. The concept of law-making treaty and the search for a European constitution. – II.3. Jürgen Habermas and the revision of Kant’s cosmopolitan right. – III. The law of...
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