Law Commons^™

Phantom Menace Or New Hope: Member State Public Tort Liability After The Double-Bladed Light Saber Duel Between The European Court Of Justice And The German Bundesgerichtshof In Brasserie Du Pecheur, Markus G. Puder

Vanderbilt Journal of Transnational Law

This Article examines the interactions between European Community and national law, in the context of Member State public tort liability. Specifically, the Article analyzes Brasserie du Pecheur v. Federal Republic of Germany, a case that pitted German beer purity legislation against requirements of Community law. In that case, the European Court of Justice (ECJ) ruled that acts or omissions of the national legislator may, under certain conditions, give rise to Member State public tort liability, which is adjudicated in the national court systems. The German Federal Court of Justice dismissed the case after finding that the conditions of state liability …

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 …

Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short

Vanderbilt Journal of Transnational Law

The opening of internal borders within the European Community presents tremendous opportunity for European economic growth. Yet with all the potential benefits come many problems. Increased illegal art trafficking is one of these problems. This Note examines European treaties, laws of the individual EC Member States, and Community-wide treaties and regulations designed to prevent the theft and illegal export of art. The Note discusses how the differing interests of the Member States have prevented agreement on legislation to protect art and resulted in measures inadequate to protect Europe's vast art treasures. After analyzing the latest EC regulatory attempt to protect …

Implications Of The Single European Act On European Community Law-Making: A Modest Step Forward, Barbara C. Potter

Vanderbilt Journal of Transnational Law

In this Article, Ms. Campbell Potter discusses the interaction of the European Community (EC) institutions and the effect the Single European Act (SEA) will have on EC law-making. Specifically, the author notes that the SEA provisions for expanded use of the qualified majority vote and the new cooperation procedure for passage of legislation have changed the balance of power among EC institutions and should facilitate enactment of EC legislation. Ms. Campbell Potter believes that the SEA will continue to be successful as long as Member States do not recklessly invoke "vital national interest" veto powers and as long as the …

The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton

Vanderbilt Journal of Transnational Law

The end of 1992 has attained significance as the time when borders and barriers to the free movement of people within the European Community (EC) should dissolve. This Note examines those actions taken by EC institutions and member states that are determining the nature of this freedom. This Note explains the major EC institutions and the steps they have taken with respect to freedom of movement. This Note also describes the Schengen Convention, an agreement between , eight EC states that provides a blueprint for dismantling internal borders and strengthening external ones. The author discusses how member states' desire to …

European Community Competition Law And National Competition Laws, Joachim Zekoll

Vanderbilt Journal of Transnational Law

This Article examines conflicts between the European Community (EC or Community) competition rules and the corresponding laws of the Federal Republic of Germany in three case categories. Professor Zekoll first discusses situations in which corporate practices or agreements violate EC law, but are considered legal under German law. He then analyzes frictions that may arise when both EC and German laws are violated. In both of these case categories, Community law prevails over conflicting solutions under German law. However, considerable doubt exists about the primacy of Community law with respect to the third category involving practices that violate German law, …

Book Reviews, James B. Boskey, John Quigley

Vanderbilt Journal of Transnational Law

Social Policy Harmonization in the European Community

John Holloway

England: Gower Publishing Co./Renouf, 1980. Pp.318. $27.00.

Reviewed by James B. Boskey

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Israel, the West Bank and International Law

Allan Gerson

Totowa, New Jersey, and London: Frank Cass & Co., 1978. Pp.285. $30.00

Reviewed by John Quigley

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

AFRICAN GOALS AND DIPLOMATIC STRATEGIES IN THE UNITED NATIONS By Moses E. Akpan

North Quincy, Mass.: Christopher Publishing House, 1976. Pp. 165. $9.95.

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BASIC PROBLEMS OF THE EUROPEAN COMMUNITY

Edited by P.D. Dagtoglou

Oxford: Basil Blackwell, 1975. Pp. xvii, 286, $18.00.

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BIBLIOGRAPHY ON TAXATION OF FOREIGN OPERATIONS AND FOREIGNERS: 1968-1975

By Elisabeth Owens & Gretchen Hovemeyer

Cambridge, Mass.: International Tax Program, Harvard Law School,1976. Pp. xiii, 107. $7.50.

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THE CONSTITUTION AND THE CONDUCT OF FOREIGN POLICY

Edited by Francis 0. Wilcox and Richard A. Frank

New York: Praeger Publishers, 1976. Pp. xiv, 145. $12.50.

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