Content and Meaning of National Law in the Context of Transnational Law

Author： Snijders Henk;Vogenauer Stefan  

Publisher： sellier european law publishers‎

Publication year： 2009

E-ISBN: 9783866538740

Subject： D99 international law

Keyword： 国际法,法律

Language： ENG

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Description

This collection of essays by Dutch, English and Swiss scholars deals with the impact of transnational law, in particular the law of the European Union and the Council of Europe, on the content and meaning given to domestic law by national legislators and judges. Topics covered include the constitutional and practical implications of implementing transnational law at the national level, as well as the interpretation of domestic law against the background of the European Convention on Human Rights, the law of the European Union and so called “soft law” instruments, in areas such as civil procedure, jurisdiction, contract, company law and competition law.

Chapter

Frontmatter

Table of Contents

Abbreviations

Channelling International Law into the Domestic Legal Order – Some Practices and Constitutional Problems

Beyond the Call of Duty? Domestic Courts and the Standards of the European Court of Human Rights

The Interpretation of the English Civil Procedure Rules in the Context of Article 6 of the European Convention on Human Rights

The Europeanisation of Fundamental Rights Protection in Switzerland : Two Steps Forward, One Step Back

Gold-plating and Double Banking: an Overrated Problem?

Sale of Consumer Goods: the Adaptation of (Dutch) National Law to Transnational Demands

EU Law-making and its Impact on National Company Law

Inspiration From Above: Making and Interpreting Dutch Law on Jurisdiction in Civil and Commercial Matters in Light of European Law

Interpretation of national rules for ex offi cio raising of points of Community law by national courts

Interpretation of the UNIDROIT Principles of International Commercial Contracts by national courts

Interpretation of English Law in Light of the Common Frame of Reference

The White Paper on Damages Actions for Breach of the EC Antitrust Rules

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