The Experts below are selected from a list of 380655 Experts worldwide ranked by ideXlab platform
Grainne De Burca - One of the best experts on this subject based on the ideXlab platform.
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the eu the european court of justice and the international Legal Order after kadi
Social Science Research Network, 2008Co-Authors: Grainne De BurcaAbstract:This article examines the response of Europe's courts to the dramatic challenges recently brought before them against the UN Security Council's anti-terrorist sanctions regime. These challenges raise central questions concerning the authority of international law in general, and of binding decisions of the Security Council in particular. The article focuses specifically on the response of the European Union's Court of Justice (ECJ) in the Kadi case, in which the ECJ annulled the EC's implementation of the Security Council's asset-freezing resolutions on the ground that they violated EU norms of fair procedure and property-protection. Kadi is a remarkable case in many ways and it has been warmly greeted by most observers. The article argues however that the robustly pluralist approach of the ECJ to the relationship between EU law and international law in Kadi represents a sharp departure from the traditional embrace of international law by the European Union. It is an approach which carries certain costs for the EU and for the international Legal Order in the message it sends to the courts of other states and organizations contemplating the authority of Security Council resolutions. More importantly, the ECJ's approach carries the risk of undermining the image the EU has sought to create for itself as a virtuous international actor which maintains a distinctive commitment to international law and institutions.
Tamar Meshel - One of the best experts on this subject based on the ideXlab platform.
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commercial peacemaking the new role of the international commercial arbitration Legal Order
Cardozo Journal of Conflict Resolution, 2015Co-Authors: Tamar MeshelAbstract:International commercial arbitration (ICA) has risen to prominence over the past several decades as the most efficient and effective mechanism for resolving cross-bOrder disputes between commercial entities, and has long been considered by the international business community as “the normal means of settling disputes arising from international transactions.” ICA offers disputing parties an accessible, neutral, and private mechanism that is distinct from any specific national Legal system; a “kind of social jurisdiction, opposed to State jurisdiction.” It has thus been considered by some to constitute a specialized international regime, a form of “transnational” or “global” governance, or an autonomous Legal Order. Building on this conception of ICA as an autonomous Legal Order, this Article assigns a new “commercial peacemaking” role to it, concerned with the resolution of commercial disputes between
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commercial peacemaking the new role of the international commercial arbitration Legal Order
Social Science Research Network, 2014Co-Authors: Tamar MeshelAbstract:International commercial arbitration (ICA) is increasingly viewed as an autonomous Legal Order, distinct from any specific national Legal system. Building on this conception of ICA, this paper assigns a new "commercial peacemaking" role to it, concerned with the resolution of commercial disputes between parties from rival states through tailor-made local ICA institutions or processes. This proposed new role is rooted in two interrelated rationales. The first rationale is that the absence of effective mechanisms for the resolution of these disputes constitutes an informal trade barrier, and that devising such mechanisms would remove this barrier and facilitate trade between members of rival states. The second rationale is that such increased trade would in turn promote political cooperation at the interstate level and contribute to resolving broader conflicts and advancing peace. This new role of the ICA Legal Order is currently being tested, albeit in different ways, by two pairs of rival states: Israel and Palestine, and North and South Korea. The Jerusalem Arbitration Center, designed specifically for the resolution of cross-bOrder commercial disputes between Israeli and Palestinian businesses, and the "South-North Commercial Arbitration Committee", dedicated to the resolution of commercial disputes arising out of the Kaesong Complex in North Korea, reflect the evolution and manifestation of the new "commercial peacemaking" role of the ICA Legal Order, a role that could also be utilized by other rival states around the world.
Fabian Amtenbrink - One of the best experts on this subject based on the ideXlab platform.
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conclusion messianism mission or realpolitik some concluding observations on the union s role in shaping the international Legal Order
European Union's Shaping of the International Legal Order, 2013Co-Authors: Fabian Amtenbrink, Dimitry KochenovAbstract:These are the conclusions to an edited volume compiled to test the feasibility of an active paradigm of the study of EU's engagements with the international Legal Order. The work aims at analysing how the EU shapes its environment and creates rules and practices for the world, reshaping – or at least attempting to reshape – international law. The book does more than simply visiting a range of essential fields of EU’s engagement. It offers an ethical perspective on the Union’s actions, shedding light on some underlying motivations, which are at times more complex than what the official documents would suggest. This collection advocates what we refer to as an ‘active paradigm’ of the study of the EU in the international Legal context, approaching the Union as an active co-creator of the international Legal Order.
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introduction observing the rule of law in the european union selected issues
Social Science Research Network, 2009Co-Authors: Fabian AmtenbrinkAbstract:This is an editorial introduction to the theme of the Erasmus Law Review Vol. 2 No.1. Focusing on different relevant topics linked to the rule of law in the European Union, the contributions highlight both the ambiguity and broad scope of this notion, as well as its exceptional place in the European Legal Order; the application of the rule of law concept to a new, supranational Legal Order arguably being a contributing factor in this regard. The editorial introduction places the different contributions in perspective.
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introduction observing the rule of law in the european union selected issues
Erasmus law review, 2009Co-Authors: Fabian AmtenbrinkAbstract:textabstractThis is an editorial introduction to the theme of the Erasmus Law Review Vol. 2 No.1. Focusing on different relevant topics linked to the rule of law in the European Union, the contributions highlight both the ambiguity and broad scope of this notion, as well as its exceptional place in the European Legal Order; the application of the rule of law concept to a new, supranational Legal Order arguably being a contributing factor in this regard. The editorial introduction places the different contributions in perspective.
Angelina Atanasova - One of the best experts on this subject based on the ideXlab platform.
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who refers most institutional incentives and referral dynamics in the european union Legal Order
Social Science Research Network, 2017Co-Authors: Arthur Dyevre, Monika Glavina, Angelina AtanasovaAbstract:By enabling the Court of Justice to engage domestic judges, the preliminary ruling mechanism is widely recognized to have played a major role in European integration. Yet both the incentives and motivation to cooperate with the Court of Justice are believed to vary significantly across domestic courts. We explore how domestic courts differ in their referral behaviour depending on the position they occupy in the juridical hierarchy using a novel dataset, which extends, complements and corrects data initially collected by Stone Sweet and Brunell (1998). We find that first instance courts pioneered the use of the preliminary ruling procedure, but that appellate and peak courts subsequently overtook them. We explain these shifts by the combined effect of institutional consolidation, organizational design and Legal rules. We argue that resort to Article 267 TFEU was initially “accidental” but became institutionalised as more courts submitted references. This, in turn, allowed the division of labour underpinning the organization of national judiciaries to reshape referral dynamics.
Monika Glavina - One of the best experts on this subject based on the ideXlab platform.
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who refers most institutional incentives and referral dynamics in the european union Legal Order
Social Science Research Network, 2017Co-Authors: Arthur Dyevre, Monika Glavina, Angelina AtanasovaAbstract:By enabling the Court of Justice to engage domestic judges, the preliminary ruling mechanism is widely recognized to have played a major role in European integration. Yet both the incentives and motivation to cooperate with the Court of Justice are believed to vary significantly across domestic courts. We explore how domestic courts differ in their referral behaviour depending on the position they occupy in the juridical hierarchy using a novel dataset, which extends, complements and corrects data initially collected by Stone Sweet and Brunell (1998). We find that first instance courts pioneered the use of the preliminary ruling procedure, but that appellate and peak courts subsequently overtook them. We explain these shifts by the combined effect of institutional consolidation, organizational design and Legal rules. We argue that resort to Article 267 TFEU was initially “accidental” but became institutionalised as more courts submitted references. This, in turn, allowed the division of labour underpinning the organization of national judiciaries to reshape referral dynamics.
