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Essays in Honour of Henry G. Schemers, Volume 2 Institutional Dynamics of European Integration
Institutional Dynamics of European Integration is devoted to the topic of the institutional law of the Communities, and contains a timely collection of essays by eminent experts. While this volume will certainly refine legal understanding of the European Union in its present complex phase of development, it also constitutes a warm personal tribute to Henry Schermers, teacher and scholar of international renown and a pioneer of European Community law.
The Passing-On Problem in Damages and Restitution under EU Law
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.
World Constitutionalism
Intellectual quest for World Order is as old as the history of mankind. Saints and sages, religious visionaries and philosophers from all great civilizations have left their valuable contributions on the peaceful sands of time. However much of this wealth has been obliterated by other events of history wherein power, might and grandeur were used as the instruments of exploitation by a section of human beings . Time has come to research on the past, and on its basis to analyze the present and visualize a future for a just world order. In World Constitutionalism, over two dozen scholars, academicians, administrators, and leaders of civil society have come together to pen their innovative ideas...
Judicial Protection in the European Union
Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States. With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future. An introductory chapter offers a masterful descri...
Do They Walk Like They Talk?
George Bush’s 1988 campaign pledge, "Read my lips: no new taxes," has become a mantra for those who distrust politicians and bureaucrats. The gulf between what political leaders say and do seems to be widening, and in democratic societies around the world, contributing to an atmosphere of cynicism and apathy among the citizenry. Understanding the characteristics and functions of speech in policy processes is a requirement for trying to overcome this problem; indeed, politicians and bureaucrats spend a good proportion of their time and resources discoursing, i.e., writing, speaking, and publishing. However, there has been scant analysis of political discourse; the aim of this book is to fil...
Rights of Nature in Europe
This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A...
The Future of the International Legal Order, Volume 3
The eleven contributors to this volume come to grips with the hard realities of controlling war in our modern, interrelated world. All of them deal directly with the role of law in the management of conflict. From Cyril E. Black's introductory chapter, "Conflict Management and World Order," to Richard J. Barnet's concluding chapter, "Toward the Control of International Violence: The Limits and the Possibilities of Law," each expert moves from analysis of some immediate problem of international legal control to the direct application of law to war. The contributors include Tom J. Farer, Rosalyn Higgins, John Norton Moore, Daniel Wiles, William B. Bader, Arnold Kramish, Mason Willrich, W. Mich...
Interactions Between EU Law and International Law
Juxtaposing 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.
The Procedural and Organisational Law of the European Court of Justice
How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
