By Anna Södersten, Dennis Patterson
That includes contributions from popular scholars, A significant other to eu Union legislation and foreign Law offers a accomplished and authoritative number of essays that addresses all the most crucial themes on ecu Union and foreign law.
- Integrates the fields of ecu Union legislations and overseas legislations, revealing either the similarities and differences
- Features contributions from popular students within the fields of ecu legislation and foreign law
- Covers a extensive diversity of topical concerns, together with exchange, institutional decision-making, the eu courtroom of Justice, democracy, human rights, felony legislations, the EMU, and lots of others
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Extra info for A companion to European Union law and international law
But as it stands, it is not sufficiently determinative. In many circumstances, a number of very different regimes of international law would each serve to improve the legitimacy of the international system, were it enacted and enforced, and states may reasonably disagree about which would be best. That obvious fact explains a further fundamental structural principle. This is the principle of salience: If a significant number of states, encompassing a significant population, has developed an agreed code of practice, either by treaty or by other form of coordination, then other states have at least a prima facie duty to subscribe to that practice The Nature of International Law 23 as well, with the important proviso that this duty holds only if a more general practice to that effect, expanded in that way, would improve the legitimacy of the subscribing state and the international order as a whole.
32 Nevertheless, there were more alarms and delays during 1993. 33 Thus, it was only on 1 January 1993 that the TEU finally entered into force and the European Union appeared as a new player on the international stage. 34 Those countries joined the Union in 1995, bringing the total number of member states to fifteen. However, by this date, the Union was facing the prospect of a much more challenging European Integration and EU Constitutional Reform 33 enlargement: the fall of the Berlin Wall and the collapse of the Eastern Bloc meant that many of the former satellites of the ex‐USSR were keen to join the Union.
Thus, states differentiate between moral and legal assessments. The second reason why international law cannot be reduced to morality is that the rules of international law (like rules of municipal law) are morally indifferent. Hart explains that unlike morality, legal rules contain much specific detail and draw arbitrary distinctions. ’”15 Hart explains that some rules exist only because it is convenient to have some clear fixed rule about the subjects with which it is concerned and not because any moral importance is attached to the particular rule.
A companion to European Union law and international law by Anna Södersten, Dennis Patterson