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Articles 1 - 12 of 12
Full-Text Articles in Law
Recent Developments Note: The European Environmental Agency, Edward Moy
Recent Developments Note: The European Environmental Agency, Edward Moy
Buffalo Journal of International Law
No abstract provided.
An Analysis Of The United Nations International Tribunal To Adjudicate War Crimes Committed In The Former Yugoslavia: Parallels, Problems, Prospects, Mark A. Bland
Indiana Journal of Global Legal Studies
No abstract provided.
Some Effects Of European Law On English Administrative Law, Yvonne Cripps
Some Effects Of European Law On English Administrative Law, Yvonne Cripps
Indiana Journal of Global Legal Studies
In this article, Dr. Cripps discusses how European law has
affected English law in recent decades, particularly with regard to
the constitutional supremacy enjoyed by the English legislative
branch. She notes the reception by English judges of concepts of
legitimate expectation and proportionality previously recognized in
some European Community nations. Dr. Cripps predicts that the
English bench will be increasingly willing to take European law
into account in their decisionmaking.
Beyond The Reasons Stated In Judgments, Giorgio Gaja
Beyond The Reasons Stated In Judgments, Giorgio Gaja
Michigan Law Review
A Review of The Legal Reasoning of the European Court of Justice: Towards a European Jurisprudence by Joxerramon Bengoetxea
Are We Compatible?: Current European Community Law On The Compatibility Of Joint Ventures With The Common Market And Possibilities For Future Development, Alyssa A. Grikscheit
Are We Compatible?: Current European Community Law On The Compatibility Of Joint Ventures With The Common Market And Possibilities For Future Development, Alyssa A. Grikscheit
Michigan Law Review
The Commission and commentators note that the potential for reform in the procedural arena is quite great. The current literature discusses the difficulties would-be venturers have in determining if their proposed venture is concentrative or cooperative and the procedural differences between notifications under the two standards.
This Note argues, however, that the substantive differences between the two standards are even more problematic than the procedural ones. Reducing the substantive differences between the two compatibility standards, short of creating a single standard that is unresponsive to the tensions between concentrative and cooperative situations, will have a beneficial impact. Similar standards of …
Intellectual Property And The External Power Of The European Community: The New Extension, A. David Demiray
Intellectual Property And The External Power Of The European Community: The New Extension, A. David Demiray
Michigan Journal of International Law
"[T]heory is somewhat lagging behind the facts and developing only in reaction to these facts," argues C.W.A. Timmermans regarding the European Community's (the EC or the Community) legal basis for extending its external power. The Community tends to extend its external competence before having a clear authority for doing so and only later provides a post hoc rationale. This observation suggests that the justification, not the propriety, of a newly acquired external competence is the question. Nowhere is this modus operandi better illustrated, or more sorely tested, than by the Community's growing involvement with and pursuit of international intellectual property …
A Practitioner's Guide To The Maastricht Treaty, Michael H. Abbey, Nicholas Bromfield
A Practitioner's Guide To The Maastricht Treaty, Michael H. Abbey, Nicholas Bromfield
Michigan Journal of International Law
Before undertaking a section by section summary of the Maastricht Treaty, this article will briefly discuss some of the highlights of the Treaty and the prospects for European Monetary Union.
The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert
The Irish Abortion Debate: Substantive Rights And Affecting Commerce Jurisprudential Models, Anne M. Hilbert
Vanderbilt Journal of Transnational Law
This Note examines the balance of power between the European Community and its Member States through the window of the Irish abortion debate. The framework for that debate has been shaped largely by two judicial bodies: the Irish judiciary and the European Court of Justice (ECJ), the judicial arm of the European Community. The Irish judiciary has approached the abortion question through an analysis of the content of substantive individual rights protected by the Irish Constitution. The ECJ, on the other hand, has addressed abortion from the standpoint of the European Community's goal of uninhibited commerce between Member States. These …
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Vanderbilt Journal of Transnational Law
In this Article, Professor Bernstein and Mr. Fanning argue that strict products liability, a legal rule recently adopted in the European Union, clashes with the culture of one of its large Member States, Italy. Using a wide array of source material--history, political sociology, literature, and numerous interviews--the authors begin with Italian traditions, exploring their implications for legal change. Strict products liability conflicts with these traditions. The doctrine is collectivist, tending to regard individuals in terms of group membership. Italians reject this aggregation, and affirm the singularity of a product design. The authors conclude that the EU attempt to harmonize its …
Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating
Is There An Ocean Of Difference: A Comparision Of The European Community's And United States' Environmental Regulations Protecting Air And Water Quality, Robert Ballard, Karen M. Keating
Villanova Environmental Law Journal
No abstract provided.
Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean
Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean
Michigan Journal of International Law
Review of Singular Europe: Economy and Polity of the European Community After 1992 (William J. Adams ed.) and Decision-Making in the European Community: The Council Presidency and European Integration by Emil J. Kirchner
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Michigan Journal of International Law
This Article will demonstrate that these classification conflicts seldom have definitive solutions by examining European Community (EC or Community) classification rules in light of the international framework. This approach is justified because the EC's customs classification system, centered on the Combined Nomenclature (CN), is based on the most commonly used international system of classification, the Harmonized System (HS).