The European Court of Justice and International Courts av Lock Tobias - 9780199660476 - Jure bokhandel

 

 
 
The European Court of Justice and International Courts
   
 
Författare:Lock Tobias
Titel:The European Court of Justice and International Courts
Utgivningsår:2015
Omfång:340 sid.
Förlag:Oxford University Press
ISBN:9780199660476
Produkttyp:Inbunden
Ämnesord:Internationell rätt , Processrätt , EU-rätt

Pris: 959 SEK exkl. moms

 

The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdiction of other international courts and tribunals, especially in the context of so-called mixed agreements. While the CJEU considers these 'integral parts' of EU law, other international courts will also have jurisdiction in such cases.

This book explores the conundrum of shared jurisdiction, analysing the international legal framework for the resolution of such conflicts, and provides a critical and comprehensive analysis of the CJEU's far-reaching jurisdiction, suggesting solutions to this dilemma. The book also addresses the special relationship between the CJEU and the European Court of Human Rights. The unique interaction between these two bodies raises fundamental substantive concerns about overlaps of jurisdiction and interpretation in the courts. Conflicts of interpretation manage largely to be avoided by frequent cross-referencing, which also allows for much cross-fertilization in the development of European human rights law. The link between these two courts is the subject of the final section of the book.

Contents:
1.: Introduction
2.: The Relationship Between International Courts
3.: The Court of Justice and International Courts: Jurisdictional and Procedural Issues
4.: The Court of Justice and the European Court of Human Rights: A Special Relationship
 
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