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Through a comparison with dispute resolution procedures in NAFTAÕs Side Agreements, this paper demonstrates that three of the ECJÕs most important decisions Ð Van Gend en Loos, Costa v Enel, and Commission v Luxembourg and Belgium Ð should be understood as combining to reorganize general...
Persistent link: https://www.econbiz.de/10010904655
As the ECJÕs two most famous decisions, Van Gend en Loos and Costa v. ENEL, which established the direct effect and supremacy of European law, are commemorated on their fiftieth anniversaries, attention has also turned to another of the ECJÕs early decisions. On 13th November 1964, in...
Persistent link: https://www.econbiz.de/10010904673
This paper uses the concept of the ‘encompassing group’ to set out a collective action theory based explanation for the maintenance of open international markets to add to existing explanations for stable international market regimes, hegemonic stability and tit-for-tat specific reciprocity....
Persistent link: https://www.econbiz.de/10005121242
This paper considers whether Ireland can unilaterally legislate contrary to European Community law, and achieve the application of that legislation in Irish courts not withstanding the European Community law doctrines of supremacy and direct effect. It argues that the scholarship on the...
Persistent link: https://www.econbiz.de/10005187471
The member states of the European Union obey the obligations of the European treaties in a manner resembling states or provinces under a federal constitution. Existing explanations for this extraordinary obedience to international law should be rejected because they assume, incorrectly, that...
Persistent link: https://www.econbiz.de/10005187489
A state’s concern for its reputation is widely considered the most powerful mechanism for inducing rational egoist states to comply with costly commitments. A state with a diversity of interests will accept costs on organised groups in the expectation of future benefits derived from a...
Persistent link: https://www.econbiz.de/10005649962