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Author: Aida Torres Pérez Publisher: ISBN: 0199568715 Category : Law Languages : en Pages : 224
Book Description
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: Aida Torres Pérez Publisher: ISBN: 0199568715 Category : Law Languages : en Pages : 224
Book Description
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: Thomas Diez Publisher: Cambridge University Press ISBN: 1139470752 Category : Political Science Languages : en Pages : 281
Book Description
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: Thomas Diez Publisher: Springer ISBN: 3319475304 Category : Political Science Languages : en Pages : 352
Book Description
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: Laurence Cooley Publisher: Routledge ISBN: 1351043463 Category : Political Science Languages : en Pages : 379
Book Description
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: Richard G. Whitman Publisher: Routledge ISBN: 0415528720 Category : Law Languages : en Pages : 274
Book Description
This book provides a comprehensive assessment of how the EU has performed in facilitating mediation, conflict resolution and peacebuilding across the globe.
Author: Stijn Smet Publisher: Oxford University Press ISBN: 0198795955 Category : Law Languages : en Pages : 289
Book Description
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.
Author: Marjan Ajevski Publisher: Routledge ISBN: 1317442938 Category : Law Languages : en Pages : 167
Book Description
This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
Author: Nathalie Tocci Publisher: Routledge ISBN: 113412337X Category : Political Science Languages : en Pages : 279
Book Description
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: Julian Bergmann Publisher: Springer ISBN: 3030255646 Category : Political Science Languages : en Pages : 280
Book Description
This book explores the EU’s effectiveness as an international mediator and provides a comparative analysis of EU mediation through three case studies: the conflict over Montenegro’s independence, the Belgrade-Pristina dialogue between Kosovo and Serbia, and the Geneva International Discussions on South Ossetia and Abkhazia. The book starts from the observation that the EU has emerged as an important international provider of mediation in various conflicts around the world. Against this background, the author develops an analytical framework to investigate EU mediation effectiveness that is then applied to the three cases. The main finding of the book is that EU mediation has a stabilising effect on conflict dynamics, making renewed escalation less likely and contributing to the settlement of conflict issues. At the same time, the EU’s effectiveness depends primarily on its ability to influence the conflict parties’ willingness to compromise through conditionality and diplomatic pressure.
Author: Aida Torres Pérez
Author: Aida Torres Pérez
Author: Jan Klabbers
Author: Thomas Diez
Author: Thomas Diez
Author: Laurence Cooley
Author: Richard G. Whitman
Author: Stijn Smet
Author: Marjan Ajevski
Author: Nathalie Tocci
Author: Julian Bergmann