By Anna Södersten, Dennis Patterson
That includes contributions from well known scholars, A significant other to ecu Union legislations and overseas Law offers a accomplished and authoritative number of essays that addresses all the most vital subject matters on eu Union and overseas law.
- Integrates the fields of eu Union legislation and overseas legislations, revealing either the similarities and differences
- Features contributions from well known students within the fields of european legislations and overseas law
- Covers a huge diversity of topical matters, together with alternate, institutional decision-making, the eu court docket of Justice, democracy, human rights, felony legislations, the EMU, and plenty of others
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Extra resources for A companion to European Union law and international law
The Rule of Recognition is analogous to Kelsen’s Grundnorm. 20 See Ronald Dworkin, Taking Rights Seriously (Cambridge MA: Harvard University Press, 1978), Chap. 2 and 3. 21 Dworkin argued that any theory of law had to explain enough of law as we find it for the explanation to count as an explanation of “law” (fit). But lawyers can agree that more than one theory can fit the law as we find it. Choice among competing principles for the explanation of law requires resort to moral argument (justification).
15 Two objectives were agreed: developing atomic energy for peaceful purposes and establishing a European common market. An intergovernmental committee under the chairmanship of the Belgian foreign minister, Paul‐Henri Spaak, was entrusted with the task of making proposals to this end. The United Kingdom was invited to participate in the work of the committee, but although a Board of Trade official was initially dispatched, he was recalled after a few weeks. 16 In the light of its conclusions, two new treaties were negotiated, one providing for the establishment of the European Economic Community (EEC) and the other for the establishment of the European Atomic Energy Community (Euratom).
Hart offers some reasons why this is untenable. First, states often reproach one another for immoral conduct or praise themselves or others for living up to a standard of international morality. Hart points out that such appraisals are recognizably different from legal assessments under the rules of international law. When states address one another over disputed matters of international law, they refer to precedents, treaties, and juristic writings, but often no mention is made of morality. Thus, states differentiate between moral and legal assessments.