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Vol 23 No 1 Jan/Feb 2018

Book of the Month

Cover of The Law of Privilege

The Law of Privilege

Edited by: Bankim Thanki
Price: £195.00

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Asserting Jurisdiction: International and European Legal Perspectives

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Edited by: Patrick Evans Malcolm Konstadinidis Stratos Capps

ISBN13: 9781841133058
ISBN: 1841133051
Published: September 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00

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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: does the relevant institution have a jurisdictional competence adequate to the challenges that it faces?; what are the parameters that bear upon the exercise of a particular jurisdictional competence?; and 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.

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Public International Law
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
14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.
15. Activism and Restraint in the European Court of Justice - Stephen Weatherill;