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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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External Relations Law of the European Community


ISBN13: 9789041126047
Published: March 2008
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £130.00



Despatched in 14 to 16 days.

External Relations Law of the European Community begins by noting two common characteristics of legal analyses in the field of EU external relations. First, most legal analyses assume that EC external relations law cannot be studied or applied without a constant awareness of the underlying political dynamics. Yet, the same analyses fail to explain how these ‘dynamics’ are to be understood, assessed and systematically applied.

This pragmatic outlook reduces the importance and value of a self-reflective, rational and coherent legal language. Second, most legal analyses tend to focus only on narrow segments of the ECJ’s case law, often taking as their points of departure individual cases or a group of topically related cases.

This ‘commentary’ approach disregards the general inter-connectedness of legal structures and the recurring meaning configurations in the field. Against this backdrop, the author sets out to strengthen the legal language – both theoretically and practically - in the field of EC external relations. The first two parts of the book provide, with extensive references, an in-depth legal analysis of a wide range of topics pertaining to:-

  • the distribution between the EC and the Member States of norm-setting authority in their external relations, i.e. the rules that determine what the EC and the Member States can do (individually or together) in international relations; and;
  • the reception and application of rules of international law within the Community area, including the way in which international law enters Community law.
      In these parts of the book, the aim is to reconstruct the core areas of the Community’s external relations law in a coherent and systematic manner.

      In the third part of the book, the author develops and applies a theoretical and methodological framework inspired by discourse analysis. This novel approach is used to identify and describe some of the most significant legal discourses in EC external relations. This part of the book provides – from an orthodox lawyer’s perspective - an accessible account of a number of theoretical and analytical issues, including:

      • the social construction of law and legal reasoning, the role of discourses in this construction;
      • basic building blocks for a discourse analysis in law; and
      • how to integrate discourse analysis and discourse analytical insights into an orthodox legal analysis with a view to bring out the restraints and possibilities in various strands of legal reasoning and legal meaning configurations.
      From a number of new perspectives, the study analyzes some of the most central and durable legal doctrines in EC external relations law, and shows how the construction of these doctrines affects the future development of this area of law. In this way, the book provides new knowledge about topics that continue to be at the heart of debates concerning the EU’s external dimension.

Subjects:
EU Law
Contents:
1. Introduction
Part I.
2. The Dual Federal Perspective
3. The Community’s Express External Relations Authority
4. The Community’s Implied External Relations Authority
5. Restraints on the Community’s Exercise of External Competence
6. Exclusion of Member States’ External Competence
7. Restraints on Member States’ Exercise of External Competence
8. Mixed Agreements before the ECJ
Part II.
9. The Community’s International Law Filter
10. General Principles of Reception: Kupferberg and Racke
11. The Legal Consequence of Reception: The Requirement of Uniform Application
12. Reception of International Law (II): Alternatives
13. Conclusions to Chapters 10–12 and Introduction to Chapters 14–16
14. A Framework for Direct Invocability
15. The Substantive Analysis of International Agreements’ Direct Invocability
16. Other Effects of International Law
Part III.
17. Social Constructivism and Discourse Analysis
18. Analytical Tools for a Discourse Analysis in EC External Relations Law
19. Legal Discourses in EC External Relations
20. Legal Analysis in EC External Relations Law
21. Analysing the Direction and Reach of EC External Relations Law
22. Conclusions
Table of Cases (Numerical)
Bibliography
Table of abbreviations
Index.

Series: European Monographs

Cross-Border Transfers of Undertakings. A European Perspective ISBN 9789041192271
To be published October 2017
Kluwer Law International
£118.00
The New EU Judiciary. An Analysis of Current Judicial Reforms ISBN 9789041168344
To be published September 2017
Kluwer Law International
£122.00
Simplification of Debt Collection in the EU ISBN 9789041148544
Published September 2014
Kluwer Law International
£136.00
£108.00
European Contract Law and German Law ISBN 9789041125880
Published January 2014
Kluwer Law International
£164.00
General Principles of EU Law eand European Private Law ISBN 9789041146830
Published December 2013
Kluwer Law International
£88.00
Citizenship Rights and Freedom of Movement in the European Union ISBN 9789041146601
Published June 2013
Kluwer Law International
£84.00
EU Higher Education Law: The Bologna Process and Harmonization by Stealth ISBN 9789041133656
Published February 2011
Kluwer Law International
£80.00
The Eclipse of the Legality Principle in the European Union ISBN 9789041132628
Published December 2010
Kluwer Law International
£84.00
EU Law and Obesity Prevention ISBN 9789041127068
Published October 2010
Kluwer Law International
£100.00
EU Law and Harmonization of Takeovers in the Internal Market ISBN 9789041133403
Published September 2010
Kluwer Law International
£83.00
The Ne Bis in Idem Principle EU Law: Conceptual Jurisprudential ISBN 9789041131560
Published August 2010
Kluwer Law International
£76.00
The European Union Legal Order after Lisbon ISBN 9789041131522
Published May 2010
Kluwer Law International
£104.00
Directory of EU Case Law on the Preliminary Ruling Procedure ISBN 9789041131508
Published August 2009
Kluwer Law International
£119.00
Multilingual Interpretation of European Community Law ISBN 9789041128539
Published June 2009
Kluwer Law International
£76.00
Reverse Discrimination in EC Law ISBN 9789041127518
Published February 2009
Kluwer Law International
£76.00
General Principles of EC Law in a Process of Development ISBN 9789041127051
Published June 2008
Kluwer Law International
£108.00
Impact Assessment in EU Lawmaking ISBN 9789041127204
Published May 2008
Kluwer Law International
£104.00
EU Enlargement and the Failure of Conditionality ISBN 9789041126962
Published February 2008
Kluwer Law International
£112.00
Free Movement Of Persons Within The European Community 2nd ed ISBN 9789041125453
Published June 2007
Kluwer Law International
£109.00
Competition Law and Consumer Protection ISBN 9789041123800
Published May 2005
Kluwer Law International
£138.00
The Optimal Enforcement of EC Antitrust Law
ISBN 9789041117571
Published April 2004
Kluwer Law International
£111.00
Dealing with Dominance: The Experience of National Competition Authorities ISBN 9789041122117
Published March 2004
Kluwer Law International
£134.00
Communications in EU Antitrust Law ISBN 9789041119742
Published March 2003
Kluwer Law International
£138.00
Regional State Aid and Competition Policy ISBN 9789041119759
Published February 2003
Kluwer Law International
£95.00
Nationality Discrimination in the European Internal Market ISBN 9789041119988
Published January 2003
Kluwer Law International
£83.00
Takeover Law in the EU and the USA ISBN 9789041119193
Published September 2002
Kluwer Law International
£93.00
EU Regulation and Transatlantic Trade ISBN 9789041118714
Published August 2002
Kluwer Law International
£123.00
The European Union in Search of a Democratic and Constitutional Theory ISBN 9789041118721
Published August 2002
Kluwer Law International
£151.00
Judicial Protection Through the Use of Article 288(2)EC ISBN 9789041118233
Published August 2002
Kluwer Law International
£128.00
Cross Border Insolvencies in EU, English and Belgian Law ISBN 9789041118882
Published July 2002
Kluwer Law International
£106.00
Police and Justice Co-operation and the New European Borders
ISBN 9789041118936
Published July 2002
Kluwer Law International
£128.00
The Liberalization of Postal Services in the European Union
ISBN 9789041117809
Published May 2002
Kluwer Law International
£158.00
Multilevel Governance in the European Union
ISBN 9789041118127
Published April 2002
Kluwer Law International
£93.00
Europe and Refugees: Towards an EU Asylum Policy ISBN 9789041117090
Published March 2002
Kluwer Law International
£111.00
European Cooperation Between Tax, Customs and Judicial Authorities ISBN 9789041117472
Published December 2001
Kluwer Law International
£106.00
Towards an EU Right to Education ISBN 9789041116703
Published October 2001
Kluwer Law International
£158.00
The Liberalization of Electricity and Natural Gas in the European Union ISBN 9789041115607
Published June 2001
Kluwer Law International
£123.00
Convergence of Competition Laws and Policies in the European Community
ISBN 9789041115621
Published February 2001
Kluwer Law International
£128.00
General Principles of European Community Law
Edited by: Ulf Bernitz
ISBN 9789041114020
Published June 2000
Kluwer Law International
£111.00
European Defence Procurement Law ISBN 9789041111678
Published July 1999
Kluwer Law International
£109.00
Public Procurement ISBN 9789041111616
Published May 1999
Kluwer Law International
£109.00
Principles of Proportionality in European Law ISBN 9789041108661
Published June 1998
Kluwer Law International
£141.00
Current and Future Perspectives on EC Competition Law
ISBN 9789041106919
Published October 1997
Kluwer Law International
£107.00
The Evolving Concept of Community Citizenship ISBN 9789041108784
Published July 1996
Kluwer Law International
£141.00
National Parliaments as Cornerstones of European Integration
ISBN 9789041108982
Published May 1996
Kluwer Law International
£101.00
State Entrepreneurship, National Monopolies and European Community Law
ISBN 9789065447739
Published July 1995
Kluwer Law International
£86.00
Financial and Monetary Integration in the EEC
ISBN 9789065447180
Published July 1995
Kluwer Law International
£90.00
The Legislative Process in the EC ISBN 9789065446909
Published July 1995
Kluwer Law International
£91.00
The Agricultural Law of the EC ISBN 9789065448675
Published October 1994
Kluwer Law International
£146.00
Culture and Community Law ISBN 9789065446381
Published July 1994
Kluwer Law International
£89.00
The European Economic Area: EC-EFTA
Edited by: Jules Stuyck
ISBN 9789065448156
Published June 1994
Kluwer Law International
£86.00