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Vol 23 No 5 May/June 2018

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Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment

Edited by: Matej Avbelj, Filippo Fontanelli, Giuseppe Martinico

ISBN13: 9781138685093
Published: April 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £34.99
Hardback edition , ISBN13 9780415640312

Despatched in 4 to 6 days.

In 2012 the European Court of Justice issues its final decision on the Kadi case, a case which has attracted the interest of scholars from many disciplines including EU law, public international law and jurisprudence. This book offers a comprehensive view of the Kadi case-law.

The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. While the following three parts of the book concentrate on perspectives from: legal theory; public international law; and constitutional law.

The book brings together a number of legal scholars including Ernst-Ulrich Petersmann, and the chapters discuss topics such as the European Union's objective of 'the strict observance and the development of international law', the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights, and Kadi and theories of justice and judicial dialogue.

EU Law
1. Introduction , Matej Avbelj, Filippo Fontanelli and Giuseppe Martinico

Part 1: Kadi II of the Court of Justice of the EU: An Introduction
2. Kadieu: Connecting the Dots, Filippo Fontanelli
3. Playing Chinese Whispers: the Kadi II Decision of The General Court of the European Union, Antonella Angelini
4. The intervening States: Why They Care and What They Said, Paolo Busco

Part 2: The Legal Theory Perspective
5. The Fading Paradigms of Law, Matej Avbelj
6. Kadi: A System-Theoretical Perspective, Jennifer Hendry
7. Whose Rights - Whose Accountability? European Multilateralism and Multilevel Human Rights Protection, Daniel Augenstein

Part 3: The Public International Law Perspective 8. Immunity of UN acts from the jurisdiction of the CJEU. The Kadi case and the emerging general practice, Danae Azaria
9. Kadi and the EU's A"strict observance of international lawA", Joris Larik
10. The Awakening of a Sleeping Giant: Art.
351 TFEU, Nikolaos Lavranos Part 4: The Constitutional Law Perspective
11. After Boumediene and Kadi: The Second Chapter of Judicial Review of Counter-Terrorism Measures by the United States Supreme Court and the European Court of Justice, Federico Fabbrini
12. Muscular Judgments and Judicial Affinity: Does the Kadi case belong to the Solange family?, Giuseppe Martinico
13. The EU as a Site of Global Governance after Kadi II, Cian Murphy
14. Pluralism in Rights Protection, Aida Torres Perez
15. The Epilogue: Kadi and the Idea of Justice, Ernst-Ulrich Petersmann