Conflicts Of Rights In The European Union

Author : Aida Torres Pérez
Publisher : Unknown
Page : 224 pages
File Size : 52,9 Mb
Release : 2009
Category : Law
ISBN : 9780199568710

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Conflicts of Rights in the European Union by Aida Torres Pérez Pdf

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

Author : Anonim
Publisher : Unknown
Page : 76 pages
File Size : 44,6 Mb
Release : 1938
Category : Electronic
ISBN : OCLC:634276381

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Catalogue illustré de la XXIXe exposition et de la rétrospective Jean-Paul Laurens by Anonim Pdf

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 285 pages
File Size : 43,6 Mb
Release : 2009
Category : Law
ISBN : 9780521455466

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Treaty Conflict and the European Union by Jan Klabbers Pdf

Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

Author : Nikola Tomić,Ben Tonra
Publisher : Routledge
Page : 236 pages
File Size : 52,7 Mb
Release : 2021-07-08
Category : Political Science
ISBN : 9781000417548

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Conflict Resolution and Global Justice by Nikola Tomić,Ben Tonra Pdf

This book examines how the different normative foundations of conflict resolution held by various global actors, their understandings of justice, and the differences between types of conflict influence the varying means by which conflicts can be prevented, managed, and ultimately resolved. By combining insights from political theory, conflict studies, and European Union (EU) foreign policy studies, the book identifies the EU as the key case of a conflict manager that is both a product and a defender of a global liberal order. It focuses on three aspects of conflict resolution that pose their own sets of both normative and empirical dilemmas: resolving border disputes; strengthening the resilience of weak or divided states and societies after regime change, and intervention in humanitarian crises. Furthermore, it offers a comparative analysis between a potentially distinctive European approach and that of other global actors and reflects critically on situations where policy practice may not always reflect a concern for justice, asking what countervailing forces prevail and why. This book will be of key interest to scholars and students in European and EU Studies, Area studies, Conflict Resolution, War Studies, EU Foreign Policy Political Theory, International relations as well as policymakers.

Author : Nathalie Brack,Ramona Coman,Amandine Crespy
Publisher : Routledge
Page : 140 pages
File Size : 53,8 Mb
Release : 2021-05-10
Category : Political Science
ISBN : 9781000385120

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Understanding Conflicts of Sovereignty in the EU by Nathalie Brack,Ramona Coman,Amandine Crespy Pdf

This book investigates the multifaceted conflicts of sovereignty in the recent crises in the European Union. Although the notion of sovereignty has been central in the contentious debates triggered by the recent crises in the European Union, it remains strikingly under-researched in political science. This book bridges this gap by providing both theoretical reflections and empirical analyses of today’s conflicts of sovereignty in the EU. More particularly, it investigates conflicts between four types of sovereignty. First, national sovereignty referring to the autonomy of the Westphalian Nation-State to rule on a territory delimited by borders; second, the supranational sovereignty acquired by the EU in a fragmentary fashion in a number of scattered internal and external policy fields; third, parliamentary sovereignty understood as the autonomy of parliaments (at the regional, national and European levels) to take part in the decision making process and control the executive in the name of the principles of election and representation; fourth, popular sovereignty whereby the body politic confers legitimacy to decision makers in a democratic system. Through an analysis of the various crises (rule of law, Brexit, migration, Eurozone crisis), the chapters look at how sovereignty is framed and contested by different types of actors, and how the strengthening or the weakening of certain types of sovereignty contribute to shape preferences regarding policies and governance structures in the multi-level EU. The chapters in this book were originally published as a special issue of the Journal of European Integration.

Author : Thomas Diez,Mathias Albert,Stephan Stetter
Publisher : Cambridge University Press
Page : 281 pages
File Size : 42,6 Mb
Release : 2008-03-27
Category : Political Science
ISBN : 9781139470759

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The European Union and Border Conflicts by Thomas Diez,Mathias Albert,Stephan Stetter Pdf

It is generally assumed that regional integration leads to stability and peace. This book is a systematic study of the impact of European integration on the transformation of border conflicts. It provides a theoretical framework centred on four 'pathways' of impact and applies them to five cases of border conflicts: Cyprus, Ireland, Greece/Turkey, Israel/Palestine and various conflicts on Russia's border with the EU. The contributors suggest that integration and association provide the EU with potentially powerful means to influence border conflicts, but that the EU must constantly re-adjust its policies depending on the dynamics of each conflict. Their findings reveal the conditions upon which the impact of integration rests and challenge the widespread notion that integration is necessarily good for peace. This book will appeal to scholars and students of international relations, European politics, and security studies studying European integration and conflict analysis.

Author : Nathalie Tocci
Publisher : Routledge
Page : 279 pages
File Size : 55,8 Mb
Release : 2007-05-22
Category : Political Science
ISBN : 9781134123377

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The EU and Conflict Resolution by Nathalie Tocci Pdf

Through the study of five ethno-political conflicts lying on or just beyond Europe's borders, this book analyzes the impact and effectiveness of EU foreign policy on conflict resolution. Conflict resolution features strongly as an objective of the European Union's foreign policy. In promoting this aim, the EU's geographical focus has rested primarily in its beleaguered backyard to the south and to the east. Taking a strong comparative approach, Nathalie Tocci explores the principal determinants of conflict dynamics in Cyprus, Turkey, Serbia-Montenegro, Israel-Palestine and Georgia in order to assess the impact of EU contractual ties on them. The volume includes topical analyzis based on first-hand experience, in-depth interviews with all the relevant actors and photography in ongoing conflict areas in the Middle East, the Eastern Mediterranean, the Balkans and the Caucasus. This revealing study shows that the gap between EU potential and effectiveness often rests in the specific manner in which the EU collectively chooses to conduct its contractual relations. The EU and Conflict Resolution will be of interest to all readers who wish to acquire an excellent understanding of the EU's impact on conflict contexts and will appeal to scholars of European politics, security studies and conflict resolution.

Author : Nathalie Tocci
Publisher : Taylor & Francis
Page : 209 pages
File Size : 41,6 Mb
Release : 2011-03-29
Category : Law
ISBN : 9781136806629

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The European Union, Civil Society and Conflict by Nathalie Tocci Pdf

Explores the EU's relations with civil society organizations in an effort to improve the effectiveness and relevance of its conflict and peace policies.

Author : Richard Whitman,Stefan Wolff
Publisher : Routledge
Page : 274 pages
File Size : 45,8 Mb
Release : 2012-05-31
Category : Political Science
ISBN : 9781136293610

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The European Union as a Global Conflict Manager by Richard Whitman,Stefan Wolff Pdf

In recent years the European Union (EU) has played an increasingly important role as a manager of global conflicts. This book provides a comprehensive assessment of how the EU has performed in facilitating mediation, conflict resolution and peacebuilding across the globe. Offering an accessible introduction to the theories, processes and practice of the EU’s role in managing conflict, the book features a broad range of case studies including Afghanistan, Bosnia & Herzegovina, Cyprus, Israel-Palestine, Macedonia and Moldova and examines both the institutional and policy aspects including the common foreign, security and defence policy. Drawing together a wide range of contributors, this will be of great interest to students of European Foreign Policy, the EU as a global actor and conflict resolution and management.

Author : Laurence Cooley
Publisher : Routledge
Page : 230 pages
File Size : 55,6 Mb
Release : 2018-09-03
Category : Political Science
ISBN : 9781351043465

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The European Union’s Approach to Conflict Resolution by Laurence Cooley Pdf

This book investigates and explains the European Union’s approach to conflict resolution in three countries of the Western Balkans: Bosnia and Herzegovina, Macedonia and Kosovo. In doing so, it critically interrogates claims that the EU acts as an agent of conflict transformation in its engagement with conflict-affected states. The book argues, contrary to the assumptions of much of the existing literature, that rather than seeking the transformation of conflicts, the EU pursues a more conservative strategy based on the regulation of conflict through the promotion of institutional mechanisms such as consociational power sharing and decentralisation. Drawing on discourse analysis of documents, speeches, and interviews conducted by the author with European Union officials and policy-makers in Brussels and the case-study countries, the book offers a theoretically grounded, methodologically rigorous and empirically detailed analysis of EU policy preferences, of the ideas that underpin them, and of how those preferences are legitimised. This book will be of key interest to scholars, students and practitioners interested in ethnic conflict and conflict resolution, the politics of the Balkans, and the external and foreign policies of the EU.

Author : Šejla Imamovic
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 44,6 Mb
Release : 2022-02-10
Category : Law
ISBN : 9781509940608

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The Architecture of Fundamental Rights in the European Union by Šejla Imamovic Pdf

This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 261 pages
File Size : 45,9 Mb
Release : 2008-12-18
Category : Law
ISBN : 9781139475310

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Treaty Conflict and the European Union by Jan Klabbers Pdf

Jan Klabbers questions how membership of the European Union affects treaties concluded between the Union's member states and third states, both when it concerns treaties concluded before EU membership and treaties concluded after joining. Following a discussion of the public international law rules on treaty conflict, the author analyzes the case-law of the European Court of Justice and examines how such conflicts are approached in state practice.

Author : Thomas Diez
Publisher : Manchester University Press
Page : 254 pages
File Size : 55,5 Mb
Release : 2002
Category : Cyprus
ISBN : 0719060796

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The European Union and the Cyprus Conflict by Thomas Diez Pdf

In the lead essay for this volume, Joshua Foa Dienstag engages in a critical encounter with the work of Stanley Cavell on cinema, focusing skeptical attention on the claims made for the contribution of cinema to the ethical character of democratic life. In this debate, Dienstag mirrors the celebrated dialogue between Rousseau and Jean D'Alembert on theatre, casting Cavell as D'Alembert in his view that we can learn to become better citizens and better people by observing a staged representation of human life, with Dienstag arguing, with Rousseau, that this misunderstands the relationship between original and copy, even more so in the medium of film than in the medium of theatre. Dienstag's provocative and stylish essay is debated by an exceptional group of interlocutors comprising Clare Woodford, Tracy B. Strong, Margaret Kohn, Davide Panagia and Thomas Dumm. The volume closes with a robust response from Dienstag to his critics.

Author : Thomas Diez,Nathalie Tocci
Publisher : Springer
Page : 336 pages
File Size : 54,5 Mb
Release : 2017-02-16
Category : Political Science
ISBN : 9783319475301

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The EU, Promoting Regional Integration, and Conflict Resolution by Thomas Diez,Nathalie Tocci Pdf

This book provides a comprehensive study into the promotion of regional integration as a central pillar of European Union (EU) relations with the rest of the world. It is a strategy to deal with a core security challenge: the transformation of conflicts and, in particular, regional conflicts. Yet to what extent has the promotion of regional integration been successful in transforming conflicts? What can we regard as the core mechanisms of such an impact? This volume offers a comprehensive assessment of the nexus between promoting integration and conflict transformation. The authors systematically compare the consequences of EU involvement in eight conflicts in four world regions within a common framework. In doing so, they focus on the promotion of integration as a preventative strategy to avoid conflicts turning violent and as a long-term strategy to transform violent conflicts by placing them in a broader institutional context. The book will be of use to students and scholars interested in European foreign policy, comparative regionalism, and conflict resolution.

Author : Carmen Gebhard
Publisher : Routledge
Page : 196 pages
File Size : 55,7 Mb
Release : 2016-05-13
Category : Political Science
ISBN : 9781317159704

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Cooperation or Conflict? by Carmen Gebhard Pdf

Following the end of the Second World War, the creation of regional organizations in Europe provided niche functions to help ensure regional stability through security and transition. Yet, as the Cold War ended and the Soviet Union dissolved, each of these organizations evolved to have a post-Cold War role in the region. Since then, the level of convergence of norms, interests and objectives between these main regional organizations has increased considerably. Is there a common agenda in Europe? Does Europe still need so many organizational elements to tackle the major challenges? This book examines the way the EU, NATO, OSCE, and Council of Europe relate to and interact with each other, identifying the areas of positive convergence and divergence as well as areas of negative cooperation and conflict. By tracing the institutional development and regional integration in Europe, the book questions to what degree do European organizations maintain separate identities and most importantly do these organizations still offer a unique and useful service to regional stability. In developing this argument, policy areas analysed include: "