Treaty Conflict and the European Union

Author: Jan Klabbers;  

Publisher: Cambridge University Press‎

Publication year: 2008

E-ISBN: 9781316924495

P-ISBN(Paperback): 9780521455466

P-ISBN(Hardback):  9780521455466

Subject: D997 Private International Law

Keyword: 法律

Language: ENG

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Description

Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states. How does membership of the European Union affect treaties concluded between the Union's member states and third states, both when it concerns treaties concluded before EU membership and treaties concluded after joining? Jan Klabbers analyzes the rules of EU and international law dealing with such situations. How does membership of the European Union affect treaties concluded between the Union's member states and third states, both when it concerns treaties concluded before EU membership and treaties concluded after joining? Jan Klabbers analyzes the rules of EU and international law dealing with such situations. Jan Klabbers questions how membership of the European Union affects treaties concluded between the Union's member states and third states, both when it concerns treaties concluded before EU membership and treaties concluded after joining. Following a discussion of the public international law rules on treaty conflict, the author analyzes the case-law of the European Court of Justice and examines how such conflicts are approached in state practice. Part I. Setting the Scene: 1. Introduction; 2. Understanding treaty conflict; Part II. International Law: 3. The pre-Vienna convention regime; 4. Drafting the Vienna convention; 5. Post-Vienna convention developments; Part III. EC Law: 6. The EC and anterior treaties; 7. The UN charter and the European convention; 8. Posterior treaties: Conceptual issues; 9. Posterior treaties: practice; 10. Conclusions. "A work in legal epistemology that focuses on civil litigation in England and Wales, with comparative discussion of France..."
--Chronicle of Higher Education

Chapter

Treaty conflict and fragmentation

Article 307 TEC and international law

The argument of this book

An assumption and a caveat

2 Understanding treaty conflict

Introduction

Theory in international law

A single general theory?

Normative conflict in jurisprudence

Clashing values

Systems theory?

Different approaches

Conclusion

PART II International law

3 The pre-Vienna Convention regime

Introduction

The classics

The classic cases

Doctrine

Conclusion

4 Drafting the Vienna Convention

Introduction

Lauterpacht’s ambivalence

Fitzmaurice’s analysis

Waldock’s approach

The ILC’s apprehensions

The Vienna Conference’s acceptance

Conclusion: ambivalence

5 Post-Vienna Convention developments

Zuleeg and the principle of political decision

Narrowing the scope

A different option: hierarchy?

A different option: lex specialis?

Inescapable

Avoidance strategies: conflict rules

Avoidance techniques: judicial escapism

A. Using discretion

B. Alternative options

C. Non-conflict

D. Declining jurisdiction

Courts and the principle of political decision

Conclusion

PART III EC law

6 The EC and anterior treaties

Introduction

Article 307

Setting the standard: Commission v. Italy

Application between member states inter se

Application involving actual, non-abstract rights

Anterior treaties with new member states

Multipolar treaties

When is a treaty concluded?

A separate story: the second paragraph

Possible explanations

To conclude: some general issues

7 The UN Charter and the European Convention

Introduction

The UN Charter before the EC Court

The European Convention before the EC Court

The Strasbourg attitude

Escherian images

Conclusion

8 Posterior treaties: conceptual issues

Introduction

The time of conclusion

Classifying the problem

Powers and institutional law

A domestic law paradigm?

Conclusion

9 Posterior treaties: practice

Introduction

A (brief) methodological note

Nordic cooperation

Inter se agreements

Posterior treaties with third parties

The disconnection clause

Community agreements

Conclusion

10 Conclusions

BIBLIOGRAPHY

INDEX

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