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Unlike many other trade regimes, the European Union forbids the use
of inter-state retaliation to enforce its obligations, and rules
out the use of common 'escape' mechanisms such as anti-dumping
between the EU member states. How does the EU do without these
mechanisms that appear so vital to the political viability of other
international trade regimes, including the World Trade
Organization? How, therefore, is the European legal order, with the
European Court of Justice at its centre, able to be so much more
binding and intrusive than the legal obligations of many other
trade regimes? This book puts forward a new explanation of a key
part of the European Union's legal system, emphasising its break
with the inter-state retaliation mechanisms and how Europe's
special form of legal integration is facilitated by intra-industry
trade, parliamentary forms of national government, and European
welfare states. It argues first that the EU member states have
allowed the enforcement of EU obligations by domestic courts in
order to avoid the problems associated with enforcing trade
obligations by constant threats of trade retaliation. It argues
second that the EU member states have been able to accept such a
binding form of dispute settlement and treaty obligation because
the policy adjustments required by the European legal order were
politically acceptable. High levels of intra-industry trade reduced
the severity of the economic adjustments required by the expansion
of the European market, and inclusive and authoritative democratic
institutions in the member states allowed policy-makers to
prioritise a general interest in reliable trading relationships
even when policy changes affected significant domestic lobbies.
Furthermore, generous national social security arrangements
protected national constituents against any adverse consequences
arising from the expansion of European law and the intensification
of the European market. The European legal order should therefore
be understood as a legalized dispute resolution institution well
suited to an international trade and integration regime made up of
highly interdependent parliamentary welfare states.
Great Judgments of the European Court of Justice presents a new
approach to understanding the landmark decisions of the European
Court of Justice in the 1960s and 1970s. By comparing the Court's
doctrines to the enforcement and escape mechanisms employed by more
common forms of trade treaty, it demonstrates how the individual
rights created by the doctrine of direct effect were connected to
the practical challenges of trade politics among the European
states and, in particular, to the suppression of unilateral
safeguard mechanisms and inter-state retaliation. Drawing on the
writings and speeches of French Judge and President of the Court,
Robert Lecourt, it demonstrates that one of the Court's most
influential judges shared this understanding of the logic of direct
effect. This book offers a distinctive interpretation of the Court
of Justice's early years, as well as of the purpose of the
fundamental principles of European law.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone!
Title: A Digest of the Evidence taken before Select Committees of
the two Houses of Parliament, appointed to inquire into the state
of Ireland, 1824-1825, etc.Publisher: British Library, Historical
Print EditionsThe British Library is the national library of the
United Kingdom. It is one of the world's largest research libraries
holding over 150 million items in all known languages and formats:
books, journals, newspapers, sound recordings, patents, maps,
stamps, prints and much more. Its collections include around 14
million books, along with substantial additional collections of
manuscripts and historical items dating back as far as 300 BC.The
HISTORY OF BRITAIN & IRELAND collection includes books from the
British Library digitised by Microsoft. As well as historical
works, this collection includes geographies, travelogues, and
titles covering periods of competition and cooperation among the
people of Great Britain and Ireland. Works also explore the
countries' relations with France, Germany, the Low Countries,
Denmark, and Scandinavia. ++++The below data was compiled from
various identification fields in the bibliographic record of this
title. This data is provided as an additional tool in helping to
insure edition identification: ++++ British Library Phelan,
William; O'Sullivan, Mortimer; 1826. 2 pt.; 8 . 601.g.12.
This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
Great Judgments of the European Court of Justice presents a new
approach to understanding the landmark decisions of the European
Court of Justice in the 1960s and 1970s. By comparing the Court's
doctrines to the enforcement and escape mechanisms employed by more
common forms of trade treaty, it demonstrates how the individual
rights created by the doctrine of direct effect were connected to
the practical challenges of trade politics among the European
states and, in particular, to the suppression of unilateral
safeguard mechanisms and inter-state retaliation. Drawing on the
writings and speeches of French Judge and President of the Court,
Robert Lecourt, it demonstrates that one of the Court's most
influential judges shared this understanding of the logic of direct
effect. This book offers a distinctive interpretation of the Court
of Justice's early years, as well as of the purpose of the
fundamental principles of European law.
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