J. H. H. Weiler - Böcker

The starting point of this book is the coexistence of the overlapping regimes of the WTO, the EU and the NAFTA. On this basis it explores the emergence of a nascent Common Law of International Trade. This exploration is rooted in three phenomena: Firstly, the fact that the very same regulatory measure may come simultaneously within the jurisdictional reach of more than one trade regime and may even be adjudicated simultaneously. Some regimes offer alternatives. The NAFTA, for example, offers GATT dispute resolution as an option for many of its own disputes. Secondly, convergence in the material law of the disparate international trade regimes. This, of course, is the heart of the emergent Common Law. Thirdly, the strengthening of private parties in all regimes. Once a preserve of the EU, the NAFTA allows private party dispute resolution of different types in relation to various matters and in the case of the WTO, although it is still an intergovernmental preserve, private actors are learning to manipulate the system. This volume, built on a recent series of courses at the Academy of European Law, is a reflection of this conviction. The various contributions deal with discrete areas in the double sense of the international trading system but each placing considerable emphasis on the interlocking nature of the various components of that system. It is our conviction that this is the appropriate way to understand and to teach this branch of the law.

This collection of essays aims to look afresh at an institution which, although already the subject of numerous academic analyses and extensive legal research, remains of central importance to all who are interested in thedevelopment of European Union law and policy. Various contributions seek to develop particular avenues of analysis which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been very fully explored. They include a legal-philosophical account of the ECJ's reasoning, a sociological analysis of patterns of litigation before the Court, and an investigation of the impact and presence of gender in the Court's work and on its institutional position. Other contributions look anew at the more topical and sometimes controversial subject of the relationship between national courts and the Court of Justice, both under the preliminary reference procedure and in other contexts, and a final essay considers the likely effect on the Court of Justice and the Court of First Instance of the reforms to the judicial structure proposed during the Nice Intergovernmental Conference.

This collection of essays aims to look afresh at an institution which, although already the subject of numerous academic analyses and extensive legal research, remains of central importance to all who are interested in thedevelopment of European Union law and policy. Various contributions seek to develop particular avenues of analysis which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been very fully explored. They include a legal-philosophical account of the ECJ's reasoning, a sociological analysis of patterns of litigation before the Court, and an investigation of the impact and presence of gender in the Court's work and on its institutional position. Other contributions look anew at the more topical and sometimes controversial subject of the relationship between national courts and the Court of Justice, both under the preliminary reference procedure and in other contexts, and a final essay considers the likely effect on the Court of Justice and the Court of First Instance of the reforms to the judicial structure proposed during the Nice Intergovernmental Conference.

The starting point of this book is the coexistence of the overlapping regimes of the WTO, the EU and the NAFTA. On this basis it explores the emergence of a nascent Common Law of International Trade.This exploration is rooted in three phenomena:Firstly, the fact that the very same regulatory measure may come simultaneously within the jurisdictional reach of more than one trade regime and may even be adjudicated simultaneously. Some regimes offer alternatives. The NAFTA, for example, offers GATT dispute resolution as an option for many of its own disputes. Secondly, convergence in the material law of the disparate international trade regimes. This, of course, is the heart of the emergent Common Law.Thirdly, the strengthening of private parties in all regimes. Once a preserve of the EU, the NAFTA allows private party dispute resolution of different types in relation to various matters and in the case of the WTO, although it is still an intergovernmental preserve, private actors are learning to manipulate the system.This volume, built on a recent series of courses at the Academy of European Law, is a reflection of this conviction. The various contributions deal with discrete areas - in the double sense - of the international trading system but each placing considerable emphasis on the interlocking nature of the various components of that system. It is our conviction that this is the appropriate way to understand and to teach this branch of the law.

The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.

Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.

Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.

The notion of a European constitution has previously received unfavourable reactions within the European Union with controversy surrounding its political and legal implications. Criticism has largely revolved around the threat of an emerging European federal state. More recently, however, constitution-building has become a major point of debate among members of the European Community as the drafting of a European constitution becomes more imminent. European Constitutionalism Beyond the State brings together some of the most innovative scholars in the field to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and constitutionalism, the book delineates alternative ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including students and practitioners of law, politics and philosophy.

The notion of a European constitution has previously received unfavourable reactions within the European Union with controversy surrounding its political and legal implications. Criticism has largely revolved around the threat of an emerging European federal state. More recently, however, constitution-building has become a major point of debate among members of the European Community as the drafting of a European constitution becomes more imminent. European Constitutionalism Beyond the State brings together some of the most innovative scholars in the field to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and constitutionalism, the book delineates alternative ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including students and practitioners of law, politics and philosophy.

To many outside observers of the Israeli-Palestinian conflict, there would appear to be one eminently sensible solution: in exchange for recognition and adequate security guarantees, Israel should return the West Bank and the Gaza strip, subject to minor boundary modifications, to the Palestinians (led by a moderate PLO). The Palestinians would then exercise their right to self-determination and establish an independent state with or without a link to Jordan. And yet, this solution has found favor neither with successive Israeli governments nor with the PLO.First published in 1985, Israel and the Creation of a Palestinian State (now with a new preface by the author) analyses the reasons for the rejection of this solution by the protagonists. It then sets up a vision of a possible solution which, by taking account of the subjective fears and aspirations of the parties, may be regarded as more feasible.The author’s vision draws inspiration from the experience of reconstructing a new transnational order in Europe after the ravages of the Second World War. The underlying theme focuses on the limitations of the purely national context as a framework for resolving the current political problems of the Israeli-Palestinian dilemma.

To many outside observers of the Israeli-Palestinian conflict, there would appear to be one eminently sensible solution: in exchange for recognition and adequate security guarantees, Israel should return the West Bank and the Gaza strip, subject to minor boundary modifications, to the Palestinians (led by a moderate PLO). The Palestinians would then exercise their right to self-determination and establish an independent state with or without a link to Jordan. And yet, this solution has found favor neither with successive Israeli governments nor with the PLO.First published in 1985, Israel and the Creation of a Palestinian State (now with a new preface by the author) analyses the reasons for the rejection of this solution by the protagonists. It then sets up a vision of a possible solution which, by taking account of the subjective fears and aspirations of the parties, may be regarded as more feasible.The author’s vision draws inspiration from the experience of reconstructing a new transnational order in Europe after the ravages of the Second World War. The underlying theme focuses on the limitations of the purely national context as a framework for resolving the current political problems of the Israeli-Palestinian dilemma.

This collection of essays is written by some of the world's leading experts in international human rights law, and corresponds to the main junctures in the professional life of Professor David Kretzmer, a leading human right academic and practitioner. The different essays focus on contemporary human rights protection challenges. They address conceptual problems such as differences between limits and restrictions, and application of human rights standards to businesses and international organisations; legal doctrinal responses to changing realities in the field of surveillance and identity politics; the weakness of monitoring institutions engaged in standard setting; and the practical difficulties in applying international human rights law to the Israeli-Palestinian conflict in a manner sensitive to gender dimensions and the particular political dynamics of the situation. Collectively, the essays offer a rich picture of the current potential shortcomings of international human rights law in addressing complex problems of law, politics and ethics.