The European Coal and Steel Community

The European Coal and Steel Community
Author: Henry L. Mason
Publisher: Springer
Total Pages: 165
Release: 2013-03-09
Genre: Political Science
ISBN: 940157555X

The European Coal and Steel Community has been called "a new structure in the marches between internal and international law. " 1 To describe this new type of structure the term "supra national" has found increasing usage. Supranational organs have been defined as standing "midway between 'international' and federal organs. " International organizations - such as the United Nations or the Council of Europe - are based on the "sovereign equality" of their members and non-intervention in domestic affairs; they are really at the intergovernmental level. Supra national organs transcend international organizations in both these respects without, however, constituting a federal state. They are based "not on a mere restriction, but on a transfer of [national] sovereignty, but a transfer of sovereignty in a particu lar area only. " 2 This pilot experiment in supranational organization is of twofold importance. In the first place, although operating on a regional level only, it could teach valuable lessons concerning future attempts at world organization through the "functional approach. " In Prof. Mitrany's words, national divisions must be overlaid "with a spreading web of international activities and agencies, in which and through which the interests and life of all the nations would be gradually integrated. " 3 The Coal and Steel Community could be an excellent testing ground for the develop ment of an international community, growing from the satis faction of common needs which people of different nations share.

The Court of the European Communities: New Dimension in International Adjudication

The Court of the European Communities: New Dimension in International Adjudication
Author: Werner Feld
Publisher: Springer
Total Pages: 135
Release: 2012-12-06
Genre: Law
ISBN: 9401194696

If the United States of Europe should become a reality in the future, it is highly probable that the Court of Justice of the European Communities, now sitting in Luxembourg, will be transformed into the supreme court of the new federation. Legal concepts and judicial traditions formed by the judges in Luxem bourg will then become a prominent part of the historical background of this new court. However, even now, during the process of economic intergration in Western Europe, the Court of the European Communities has been assuming an increasingly important role in the settlement of conflicts between economic and sometimes political interests. Moreover, through its more than hundred decisions, the Court has been developing a body of "European" case law which, in time, is likely to have favorable implications for the eventual political unification of Europe. This book is primarily intended as an introduction to the structure and functions of the Court of the European Communi ties. In this endeavor consideration has also been given to the forces and factors that might affect the judicial decisions of the Court and to the impact which such decisions might have upon economic enterprises and public policy in the Member states of the European Community, better known as the European Common Market.

Recueil Des Cours, Volume 100 (1960/II)

Recueil Des Cours, Volume 100 (1960/II)
Author: Academie De Droit International De La Ha
Publisher: Martinus Nijhoff Publishers
Total Pages: 700
Release: 1968-12-01
Genre: Law
ISBN: 9789028613720

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

The Rule of Law in European Integration

The Rule of Law in European Integration
Author: Stuart A. Scheingold
Publisher: Quid Pro Books
Total Pages: 362
Release: 2013-07-17
Genre: Law
ISBN: 1610272048

Classic book about the origins of the EU and its most significant, early economic disputes and judicial resolutions. Adds a new Foreword, 2013, by Malcolm Feeley (UC Berkeley). This pathbreaking book "remains the definitive analysis of the first crucial decade of the formulation of the Constitution of Europe by at the time a little-known court. It must be read by all serious scholars of European integration." -- Malcolm M. Feeley (University of California at Berkeley), from the new Foreword. In the early days of what would become the European Union, the new entity had a weak and ill-defined legislature and executive. And the European Court of Justice, whose decisions, actions, and even inactions subtly paved the way to a continent's integration. "Scheingold showed that its efforts, deftly melding law and politics, were a success beyond mere dispute-resolution and development of legal doctrine," writes Feeley. "He was well aware that he was present at the creation of a powerful new institution. Yet he stood virtually alone in seeing what such an institution, using its power this way, could realize in terms of political integration. The resulting book was a masterpiece." The formative years of the EU relied on consensus and legal processes, and an emerging, agile Court--but not on the predictable analogy to federalization as in U.S. Constitutional law--to evolve integration and respect for a higher authority than national law. Scheingold reveals these insights by examining political activity with his in-the-trenches research more than by the customary analysis of doctrine. Presented in a modern digital presentation (and a new, affordable paperback with updated formatting), adding the new Foreword, this book is part of the Classics of Law & Society Series from Quid Pro Books. It embeds the original pagination, to enhance referencing and citations from previous printings and to allow continuity with the new print edition. Other quality Quid Pro digital features include linked endnotes, active Table of Contents, all the tables, index, and bibliographical references of the original, and proper ebook formatting.

European Yearbook

European Yearbook
Author: B. Landheer
Publisher: Springer
Total Pages: 545
Release: 2013-03-09
Genre: Business & Economics
ISBN: 9401538956

Le troisieme volume de l'Annuaire Europeen suit le schema deja trace par ses predecesseurs, qui, pour autant que nous puissions en juger d'apres les critiques publiees, paraissent avoir rencontre l'approbation generale des lecteurs auxquels l'ouvrage Hait destine. Le volume III est cependant plus mince que les volumes anterieurs: l'ampleur du second volume (et, partant, son cont) ayant depasse les previsions initiales, on a voulu en effet maintenir une moyenne raisonnable au double point de vue du format et du prix. Les articles reproduits dans ce volume et la documentation comprise dans la partie II embrassent, selon nous, les principaux developpements intervenus dans la cooperation europeenne au cours de la periode consideree, c'est-a-dire, en principe, l'annee civile 1955 avec, pour des raisons de continuite, certaines incursions dans l'annee 1956. On relevera cependant une lacune majeure: l'omission de toute documentation concernant la Relance europeenne amorcee en juin 1955, a Messine, par la Con ference des six ministres des affaires Hrangeres des Etats mem bres de la Communaute Europeenne du Charbon et de I' Acier et les negociations ulterieures de Bruxelles en vue de l'etablissement du Marche commun et de I'Euratom. Etant donne que ces nego ciations Haient encore en cours au moment ou ce volume a He mis sous presse, i1 a semble preferable d'attendre leur conclusion et d'en donner un aperc;u plus complet dans le volume IV.