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The European Court of Justice and International Courts (Hardcover)
Loot Price: R4,153
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The European Court of Justice and International Courts (Hardcover)
Series: International Courts and Tribunals Series
Expected to ship within 12 - 17 working days
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The Court of Justice of the European Union has exclusive
jurisdiction over European Union law and holds a broad
interpretation of these powers. This, however, may come into
conflict with the jurisdiction of other international courts and
tribunals, especially in the context of so-called mixed agreements.
While the CJEU considers these 'integral parts' of EU law, other
international courts will also have jurisdiction in such cases.
This book explores the conundrum of shared jurisdiction, analysing
the international legal framework for the resolution of such
conflicts, and provides a critical and comprehensive analysis of
the CJEU's far-reaching jurisdiction, suggesting solutions to this
dilemma. The book also addresses the special relationship between
the CJEU and the European Court of Human Rights. The unique
interaction between these two bodies raises fundamental substantive
concerns about overlaps of jurisdiction and interpretation in the
courts. Conflicts of interpretation manage largely to be avoided by
frequent cross-referencing, which also allows for much
cross-fertilization in the development of European human rights
law. The link between these two courts is the subject of the final
section of the book.
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