A companion to European Union law and international law

Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others Content: Title Page Copyright Page Contents Contributors Preface Abbreviations Part I International Law and EU Law Chapter 1 Sui Generis? The European Union as an International Organization Introduction Defining International Organizations Functionalism in International Institutional Law The Rules of Attraction The European Union By Way of Conclusion Notes References Chapter 2 The Nature of International Law Kelsen Hart Dworkin The Status of International Law Notes References Chapter 3 The Development of European Integration and EU Constitutional Reform The Schuman Plan and the Establishment of the European Coal and Steel CommunityThe Failure of the Proposed European Defence and Political Communities The Spaak Report and the Two Treaties of Rome 1957 Political Stagnation, Legal Transformation The Single European Act The Treaty on European Union The Challenge of Enlargement The Treaty of Amsterdam The Treaty of Nice Enlargement from Fifteen to Twenty-Eight (Plus ...) The Treaty Establishing a Constitution for Europe The Treaty of Lisbon Yet Further Treaty Reform ... Notes References Chapter 4 The Relationship between EU Law and International LawIntroduction The European Union within the Legal Framework of International Law: Embeddedness Status and Effect of International Law in the EU Legal Order: General Approach Customary International Law International Treaties The Hierarchy of International Law within the EU Legal Order Consistent (or Harmonious) Interpretation Conclusions: A More Restrictive Approach of the EU Legal Order Notes References Chapter 5 The Effect of EU Law Introduction Direct Effect and Primacy Direct Effect and Union Acts The Principle of State LiabilityThe Reaction of the National Courts Conclusion Notes References Part II EU Political Institutions and Decision Making Chapter 6 EU Competences Lisbon Treaty Notes References Chapter 7 The Decision-Making Process Introduction The Evolution of the EU Decision-Making Process: Institutional Balance and Policy-Related Variation Legislative Decision Making Administrative Rule Making Other Forms of Decision Making Notes References Chapter 8 The European Union and Executive Power Bits and Pieces The "Normalized" Executive The "In-Between" Executive The "Dominant" Executive Non-EU Executive Constructions Beyond Accountability? Notes References Chapter 9 New Modes of Governance Introduction What are "New Modes of Governance" and What is their Relationship to EU Law? The Normative Debate: Strengths and Opportunities The Normative Debate: Weaknesses and Pitfalls Decline or Reemergence? New Modes of Governance and the Euro Crisis Notes References Chapter 10 The European Union and Democracy Introduction Contending Conceptions of Democracy in Europe The European Union's Democratic Deficit INTERNATIONAL LAW AND EU LAW -- Sui Generis? The EU as an International Organization / Jan Klabbers -- The Nature of International Law / Anna Sèodersten and Dennis Patterson -- The Development of European Integration and EU Constitutional Reform / Michael Dougan -- The Relationship between EU Law and International Law / Katja S. Ziegler -- The Effect of EU Law / Anthony Arnull. -- EU POLITICAL INSTITUTIONS AND DECISION MAKING -- EU Competences / Paul Craig --The Decision-Making Process / Bruno de Witte -- The EU and Executive Power / Deirdre Curtin -- New Modes of Governance / Mark Dawson -- EU and Democracy / John Erik Fossum. -- THE COURT -- EU Procedural Law / Andrea Biondi and Ravi S. Mehta -- The Court of Justice of the European Union as a Self-Made Statesman / Loèic Azoulai and Zane Rasnaáea -- The Preliminary Rulings Procedure / Allan Rosas --ECONOMIC DIMENSIONS OF THE EU -- The Construction of the Internal Market / Catherine Barnard -- Free Movement of Goods / Miguel Poiares Maduro and Pedro Caro de Sousa -- Freedom of Establishment / Frank S. Benyon -- Free Movement of Capital / Sideek Mohammed Seyad -- The European Economic Constitution and Its Transformation through the Financial Crisis / Christian Joerges -- European Private Law / Hans-Wolfgang Micklitz -- Consumer Protection / Stephen Weatherill -- The Economic and Monetary Union / Roland Bieber -- EU Competition Law in a Global Context / Giorgio Monti -- EU State Aids Law / Piet Jan Slot -- Statecraft, States and the Regulation of Commerce / Ari Afilalo -- THE EUROPEAN UNION AND THE EXTERNAL WORLD -- EU External Relations and the Law / Marise Cremona -- Common Foreign, Security and Defense Policy / Ramses A. Wessel -- European Union Law and International Humanitarian Law / Marco Sassáoli and Djemila Carron -- Emergence of EU Maritime Law / Baris Soyer -- HUMAN RIGHTS, SOCIAL ISSUES, AND THE ENVIRONMENT-- International Human Rights Law / Martin Scheinin -- The EUROPEAN UNION and Human Rights / Sionaidh Douglas-Scott -- EU And Social Policy / Silvana Sciarra -- EU Citizenship / Elspeth Guild -- The International Law of Economic Migration / Joel P. Trachtman -- EU Immigration and Asylum Law / Steve Peers -- International Criminal Law / Roger S. Clark -- EU Criminal Law / Valsamis Mitsilegas -- EU Environmental Law / Maria Lee Sui Generis? The European Union As An International Organization / Jan Klabbers -- The Nature Of International Law / Anna Södersten And Dennis Patterson -- The Development Of European Integration And Eu Constitutional Reform / Michael Dougan -- The Relationship Between Eu Law And International Law / Katja S. Ziegler -- The Effect Of Eu Law / Anthony Arnull -- Eu Competences / Paul Craig -- The Decision-making Process / Bruno De Witte -- The European Union And Executive Power / Deirdre Curtin -- New Modes Of Governance / Mark Dawson -- The European Union And Democracy / John Erik Fossum -- Eu Procedural Law / Andrea Biondi And Ravi Mehta -- The Court Of Justice Of The European Union As A Self Made Statesman / Loïc Azoulai And Zane Rasnača -- The Preliminary Rulings Procedure / Allan Rosas -- The Construction Of The Internal Market / Catherine Barnard -- The Free Movement Of Goods / Miguel Poiares Maduro And Pedro Caro De Sousa -- Freedom Of Establishment / Frank S. Benyon-- Free Movement Of Capital / Sideek M. Seyad -- The European Economic Constitution And Its Transformation Through The Financial Crisis / Christian Joerges -- European Private Law / Hans Wolfgang Micklitz -- Consumer Protection / Stephen Weatherill -- The Economic And Monetary Union / Roland Bieber -- Eu Competition Law In A Global Context / Giorgio Monti -- Eu State Aids Law / Piet Jan Slot -- Statecraft, States, And The Regulation Of Commerce / Ari Afilalo -- Eu External Relations And The Law / Marise Cremona -- Common Foreign, Security, And Defense Policy / Ramses A. Wessel -- Eu Law And International Humanitarian Law / Marco Sassòli And Djemila Carron -- Emergence Of Eu Maritime Law / Bariş Soyer -- International Human Rights Law / Martin Scheinin -- The European Union And Human Rights / Sionaidh Douglas-scott -- The European Union And Social Policy / Silvana Sciarra -- Eu Citizenship / Elspeth Guild -- The International Law Of Economic Migration / Joel P. Trachtman-- Eu Immigration And Asylum Law / Steve Peers -- International Criminal Law / Roger S. Clark -- Eu Criminal Law / Valsamis Mitsilegas -- Eu Environmental Law / Maria Lee. Edited By Dennis Patterson And Anna Södersten. Includes Bibliographical References And Index. La 4e de couverture indique : "The relationship between European Union (EU) law and international law is complex and challenging. First and foremost, it remains an open question whether the EU can be understood as an international organization or some form of state order. A Companion to European Union Law and International Law will be a critical tool for those seeking to untangle this complexity, presenting an authoritative collection of essays addressing a broad range of important contemporary topics in the field. Featuring contributions from leading international experts in the fields of EU and international law, this indispensable companion reveals both points of contact and critical differences. Seamlessly integrating the fields, these expert essays explore current jurisprudential debates in EU law and international law as they relate to such topics as: trade, the European Court of Justice, human rights, the EMU, the environment, criminal law and many more. Timely and thought-provoking, A Companion to European Union Law and International Law sheds important new light on our current understanding of the complex legal relationship between the EU law and international law-and the very nature and function of legal powers." This chapter provides an overview of the key European Union (EU) competition law provisions, focusing on their impact on the global economy and how this impact is managed. It considers the main transnational themes that arise. The first is the age-old question of the extent to which national law applies across its borders. The second is the question of externalities, which has two ramifications. The first is an economic one, whereby the concern is that the enforcement of competition law in one jurisdiction may have negative repercussions in others, reducing global welfare. The second branch is political in character and arises when the enforcement of competition law in one jurisdiction harms the economic interests of firms abroad. A third theme is collaboration among agencies in the context of global anticompetitive conduct. A fourth theme is hypocrisy. The chapter also sketches how competition policy became the European Union's first supranational policy This chapter discusses the theory of international law. In analytic jurisprudence, at least since the latter half of the twentieth century, the primary debate in general jurisprudence has been between legal positivism and its most ardent critic, Ronald Dworkin. The positivist tradition is represented here by its two most important theorists, Hans Kelsen and H.L.A. Hart. During their careers, Kelsen and Hart clashed over the best understanding of legal positivism. For his part, Dworkin devoted the bulk of his critical attention to Hart's work. The chapter also focuses on the way in which each theorist builds his view of international law against the background of a more general jurisprudence. Hart argues that the differences between international law and municipal law might eventually be overcome. International law might be in a stage of transition that will bring it nearer in structure to a municipal system