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Asserting Jurisdiction : International and European Legal Perspectives - BLOOMSBURY ACADEMIC

Asserting Jurisdiction

International and European Legal Perspectives

Hardcover

Published: 2nd September 2003
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The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State. Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law - How do they Relate? - Trevor Hartley; 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle;15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.

...all of the essays in this volume are well written... Daniel C. Turack, Capital University Law School Nationalities Papers, Vol. 33, No. 4 December 2005

List of Contributorsp. xi
Abbreviationsp. xiii
Introductionp. xvii
Theoretical Approaches to the Assertion of Jurisdiction
Jurisdiction: The Statep. 3
The Nature of Jurisdictionp. 3
Extra-Territorial Jurisdiction for Criminal Actsp. 5
'International Crimes'p. 7
Resulting Questionsp. 11
Conclusionp. 14
New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Lawp. 17
Introductionp. 17
The International Administration of Territoryp. 21
State Criminalityp. 28
Responsibility, Reconciliation and the Rome Statutep. 32
The Exercise of Jurisdiction in Private International Lawp. 39
Introductionp. 39
The Components of Jurisdictional Regimes in Private International Lawp. 48
Turning the Components into A Principled Systemp. 55
Conclusionsp. 61
Approaches to the Assertion of Jurisdiction by Political Bodies
National Law, International Law and EU Law--How Do They Relate?p. 65
Introductionp. 65
The Theory of the Grundnormp. 66
A Separate Legal System?p. 69
Dissolving the Unionp. 71
Amending the Treatiesp. 72
Direct Effectp. 73
Supremacyp. 76
Conclusionsp. 81
The Member States' Competence and Jurisdiction under the EU/EC Treatiesp. 83
Introductionp. 83
Competence of the European Community: Judicial Developmentp. 85
Community Competence: Treaty Developmentp. 89
Community Competence: Position of Third Countriesp. 91
Competence within the United Kingdom: The Statutory Frameworkp. 93
Observing and Implementing EC and International Obligationsp. 95
Relationships Between the European Union and Devolved Authoritiesp. 99
Competition Law in a Globalised Marketplace: Beyond Jurisdictionp. 105
Introductionp. 105
The Effects Doctrine in US Lawp. 106
International Law and EC Lawp. 110
Enforcementp. 112
Mergersp. 114
EU-US Cooperationp. 120
International Initiativesp. 123
Conclusionp. 126
The Jurisdiction of the Security Council: Original Intention and New World Order(s)p. 127
Introductionp. 127
The Powers of International Organisationsp. 129
The Cold War Period and the Councilp. 131
New World Orderp. 132
Accountabilityp. 140
Conclusionp. 142
Jurisdiction, NATO and the Kosovo Conflictp. 145
Introductionp. 145
Factual Backgroundp. 146
The North Atlantic Treaty Organisationp. 150
The Legality of the NATO Actionp. 151
Proceedings Before the International Court of Justicep. 161
The Proceedings in the European Court of Human Rightsp. 164
The International Criminal Tribunal for the Former Yugoslaviap. 168
Conclusionsp. 170
Approaches to the Assertion of Jurisdiction by Adjudicative Bodies
Approaches of Domestic Courts to the Assertion of International Jurisdictionp. 175
Introductionp. 175
International Law and Domestic Lawp. 176
International Law and the Jurisdiction of Domestic Courtsp. 177
International Standards within Domestic Lawp. 179
Assertions of Jurisdiction when a Foreign State is Party to English Proceedingsp. 181
Assertions of Jurisdiction where the Subject Matter Relates to International Relationsp. 183
Conclusionsp. 186
Assertion of Jurisdiction by the International Court of Justicep. 189
Basic Principlesp. 190
Preconditions for Justiciabilityp. 193
Assertion of Jurisdiction in its Various Componentsp. 194
The Advisory Jurisdiction of the ICJp. 197
Conclusionp. 198
Approaches to the Assertion of International Jurisdiction: The Human Rights Committeep. 199
Introductionp. 199
The Role and Functions of the Human Rights Committeep. 201
Assertions of Jurisdiction that have been Received as Normal, Orthodox and Unproblematicp. 201
Assertion of International Jurisdiction--The Approach to Reservationsp. 203
Succession to Human Rights Treaty Obligationsp. 237
Appraisalp. 241
Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Seap. 243
Introduction to the Jurisdictional Provisions of the 1982 Law of the Sea Conventionp. 243
Problems of Overlapping/Competing Jurisdictionp. 247
Conclusionsp. 253
Activism and Restraint in the European Court of Justicep. 255
Introductionp. 255
The Constitutionalisation of the Treatiesp. 256
The Implications of the Rise of Qualified Majority Votingp. 266
Conclusionp. 280
The Assertion of Jurisdiction by the European Court of Justicep. 283
Introductionp. 283
What Limits has the European Court of Justice Recognised or Imposed on its Jurisdiction?p. 283
Has the European Court of Justice Interpreted its Jurisdiction Extensively?p. 292
Has the European Court of Justice Purported to Develop New Jurisdiction?p. 297
What is the European Court of Justice's Approach to Other Tribunals Exercising Overlapping Jurisdiction?p. 301
Have Conflicts of Interpretation Occurred?p. 302
Conclusionp. 306
Indexp. 309
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841133058
ISBN-10: 1841133051
Series: EC/International Law Forum, University of Bristol
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 343
Published: 2nd September 2003
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.13 x 15.88  x 2.54
Weight (kg): 0.66
Edition Number: 1