Open Access. Powered by Scholars. Published by Universities.®

European Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in European Law

Internal Legitimacy And Europe's Piecemeal Constitution: Reflections On Van Gend At 50, Daniel H. Halberstam Jan 2013

Internal Legitimacy And Europe's Piecemeal Constitution: Reflections On Van Gend At 50, Daniel H. Halberstam

Book Chapters

Europe is often said to lack a proper constitution of the radical American kind. That may be so, but there is a different, more promising sense in which Europe might be following the very best of the constitutional tradition.


From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck Jan 2009

From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck

Michigan Journal of International Law

This Essay provides a survey of more than fifty universal jurisdiction proceedings in European courts and illustrates that universal jurisdiction is no longer a seldom-used theoretical concept, but a widespread practice. However, it is a practice that faces a number legal and practical obstacles identified here. Similar difficulties are encountered in other mechanisms used to combat impunity, including territorial and personality jurisdiction, state accountability at the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), and civil litigation in the United States. The Essay then begins an evaluation of the last ten years of universal …


Harmful Tax Competition And Its Harmful Remedies, James R. Hines Jr. Jan 2006

Harmful Tax Competition And Its Harmful Remedies, James R. Hines Jr.

Reviews

There is, among some of your reviewer's friends, an abhorrence of tax competition, and a fascination with tax harmonization, that defies simple understanding. The way that the case is typically presented, European tax harmonization is desirable because eliminating tax differences between European nations would promote economic efficiency. With greater economic efficiency, there is more of everything to go around, so it becomes possible to maintain life exactly as it currently is, except that now, instead of every family having one toaster, they can have two. A wise goal, a worthy goal, this economic efficiency-though the drive to eke more out …


What's In A Label?, James C. Hathaway Jan 2003

What's In A Label?, James C. Hathaway

Articles

One of the most striking features of the international refugee regime as it has evolved over the last quarter century is the proliferation of labels. Rather than simply assessing the circumstances of applicants against the Convention refugee definition, the governments of most developed states have instead invented a seemingly endless list of alternative statuses - "B" status, humanitarian admission, temporary protected status, special leave to remain, Duldung, and the like. Persons assigned one of these labels have generally been protected against refoulement in line with Article 33 of the Refugee Convention. But in a variety of other ways, they have …


A Ghost Is Haunting Europe, Maria Grahn-Farley Jan 2002

A Ghost Is Haunting Europe, Maria Grahn-Farley

Michigan Journal of International Law

Review of Responsible Selves: Women in the Nordic Legal Cultures (Kevät Nousiainen, Åsa Gunnarsson, Karin Lundström, & Johanna Niemi-Kiesiläinen eds.)


Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean Jan 1994

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


A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbrueck Jan 1990

A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbrueck

Michigan Journal of International Law

The post-World War II political setting in Europe was marked by the stable posture of two tightly structured opposing bloc-systems. In military terms, the Warsaw Pact and the North Atlantic Treaty Organization, and in the economic sphere, the Eastern European Council for Mutual Economic Cooperation and the Western European Economic Communities, represented the stark distinctions of the Cold War. This stable posture has definitely come to an end. Due to the rapid decline of the Communist regimes in Eastern Europe, there is a growing concern in various political quarters about an emerging political instability in Eastern and Central Europe brought …


Europe: A Single Currency And A Single Central Bank?, Hugo J. Hahn Jan 1990

Europe: A Single Currency And A Single Central Bank?, Hugo J. Hahn

Michigan Journal of International Law

This article follows the address delivered by the author in French at the Founding Assembly of the European Society for Banking and Financial Law in Paris on Nov. 5, 1988.


The Settlement Of Disputes In Early Medieval Europe, David A. Westrup May 1988

The Settlement Of Disputes In Early Medieval Europe, David A. Westrup

Michigan Law Review

A Review of The Settlement of Disputes in Early Medieval Europe Edited by Wendy Davies and Paul Fouracre


European Merger Control: Legal And Economic Analyses On Multinational Enterprises, Volume 1, Michigan Law Review Mar 1983

European Merger Control: Legal And Economic Analyses On Multinational Enterprises, Volume 1, Michigan Law Review

Michigan Law Review

A Review of European Merger Control: Legal and Economic Analyses on Multinational Enterprises, Volume 1 edited by Klaus Hopt


European Antidumping Law And Procedure, Dieter Oldekop, Ivo Van Bael Jan 1979

European Antidumping Law And Procedure, Dieter Oldekop, Ivo Van Bael

Michigan Journal of International Law

This article is adapted from the presentations made by Messrs. Oldekop and Van Bael at the Symposium on Antidumping Law held at the University of Michigan Law School on November 3 and 4, 1978.


Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining Jan 1976

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …


Stein & Hay: Cases And Materials On The Law And Institutions Of The Atlantic Area, Homer G. Angelo Apr 1964

Stein & Hay: Cases And Materials On The Law And Institutions Of The Atlantic Area, Homer G. Angelo

Michigan Law Review

A Review of Cases and Materials on the Law and Institutions of the Atlantic Area Edited by Eric Stein and Peter Hay.


Judicial Review In Europe, Gottfried Dietze Feb 1957

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …