Sale!

Interaction and Delimitation of International Legal Orders 1st Edition by Maria Fogdestam Agius ISBN 9004283498 9789004283497

Original price was: $50.00.Current price is: $35.00.

Interaction and Delimitation of International Legal Orders 1st Edition Maria Fogdestam Agius Digital Instant Download

Author(s): Maria Fogdestam Agius
ISBN(s): 9789004283497, 9004283498
Edition: 1
File Details: PDF, 2.52 MB
Year: 2014
Language: english
SKU: EB-51318124 Category: Tag:

Interaction and Delimitation of International Legal Orders 1st Edition by Maria Fogdestam Agius – Ebook PDF Instant Download/Delivery: 9004283498, 9789004283497
Full download Interaction and Delimitation of International Legal Orders 1st Edition after payment

Product details:

ISBN 10: 9004283498 
ISBN 13: 9789004283497
Author: Maria Fogdestam Agius

In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders. Based on examples from the WTO, the EU, the law of the sea and international environmental law, the book presents a typology of uses of legal norms and principles that are extrinsic in the sense that they derive not from the regime, but from general public international law, other treaty regimes, or the jurisprudence from courts operating in other fields. The investigation contradicts assertions that international courts will contribute to systemic integration and offers reflections on repercussions for the legitimacy of international norms and institutions.

Interaction and Delimitation of International Legal Orders 1st Table of contents:

1. Introduction
 1.1 Purpose
 1.2 Outline of Argument
  1.2.1 Fragmentation and Integration as Drivers of International Law
  1.2.2 Allocation of Authority between Law-Applying Institutions
  1.2.3 Integration and Extended Interpretative Competence
  1.2.4 The Role of Courts and the Legitimacy of Regime Interaction
 1.3 Research Design
 1.4 Scope and Delimitations
 1.5 Note on Terms and Definitions
 1.6 Outline of the Book

2. Treaty Regimes in International Law
 2.1 The Choice for Regimes
 2.2 Exodus from International Law
  2.2.1 Confined by Unity, Delimited by Diversity
  2.2.2 Regime Establishment
  2.2.3 Informal Regime Creation

3. General International Law as Applied in International Regimes
 3.1 Introduction
 3.2 Status of General International Law in the Sources of Law of Regimes
 3.3 Varieties of General Norms Relied Upon in Adjudicative Practice
  3.3.1 Rules on the Creation, Scope, Modification and Termination of Treaties
  3.3.2 Rules on the Interpretation of Treaties
  3.3.3 Rules on State Responsibility
  3.3.4 Rules on Judicial Powers and Judicial Procedure
  3.3.5 Substantive Principles of Customary International Law
 3.4 Observations and Implications

4. Invocation of Extrinsic Rules of Conventional Law
 4.1 Introduction
 4.2 The Trade–Environment Interface
  4.2.1 Balancing Trade and Environmental Concerns under WTO Rules
  4.2.2 References to Environmental Norms in WTO Proceedings
  4.2.3 Revisiting the Relationship between WTO Rules and MEA Provisions
 4.3 The Interface between EU Law and Environmental Law
  4.3.1 Environmental Concerns in EU Law
  4.3.2 References to Environmental Norms in Proceedings before EU Courts
 4.4 The EU–WTO Interface
  4.4.1 The Intervening Structure of the EU Legal Regime
  4.4.2 References to WTO Rules before EU Courts
  4.4.3 The Creation of the EU Legal Order and Institutions through Interaction with the WTO
 4.5 The Interface between the Law of the Sea and EU Law
  4.5.1 Applicability of Law of the Sea Rules to Challenge EU Legislation
  4.5.2 Applicability of UNCLOS to Defend a Breach of EU Law
  4.5.3 References to UNCLOS to Delimit Jurisdictional Rights and Scope of Application of EU Law in Various Maritime Zones
 4.6 Observations and Implications
  4.6.1 Temporal Dimensions and Multi-Sourced Norms
  4.6.2 Creation of Conflicting Obligations
  4.6.3 “Muted Dialogue”

5. Invocation of Extrinsic Judgments and Decisions
 5.1 Introduction
 5.2 References to General International Courts
 5.3 Invocation of EU Judgments in WTO Proceedings
 5.4 Assessment under EU Law of Interpretations by Other Courts
 5.5 Invocation of Extrinsic Ruling on Incompatibility as Grounds for Annulment or Damages
 5.6 Standard-Setting and Decisions by Non-Judicial Bodies in Other Fora Used as Background
 5.7 Observations and Implications

6. Extrinsically Informed Interpretation
 6.1 Introduction
 6.2 Systemic Integration and Interaction through Interpretation
 6.3 Extrinsic Norms as Prejudicial Fact or Evidence of Fact
 6.4 Interpretation of Substantive Rules in Light of Extrinsic Norms
 6.5 Extrinsic Rules as Evidence of an Ordinary Meaning of Treaty Terms
 6.6 Extrinsic Rules as Providing Background and Context for the Dispute or Indicating the State of International Affairs
 6.7 Invocation of Extrinsic Rules Incorporated or Implemented in the Regime
 6.8 Qualifying the Use of Extrinsic Norms

7. Observations and Conclusions
 7.1 Framing Decisions as Indicators of Regime Delimitation
 7.2 Implications for Regime Delimitation: Regime-Specific Rules of Recognition and Claims to Constitutionality
 7.3 Reconstruction and Reinterpretation
 7.4 Creation of Inter-Regime Relationships
 7.5 Foundations of Authority and the Legitimacy of International Law
  7.5.1 Evolving Regimes and Authority Fragmentation
  7.5.2 Validity, Legitimacy, and Authority of International Treaty Regime Institutions

People also search for Interaction and Delimitation of International Legal Orders 1st:

interaction and delimitation of international legal orders
    
immigration and international law
    
delimitation in international law
    
interaction between legal systems
    
legal interaction

Tags: Maria Fogdestam Agius, Delimitation, International Legal