The European Court of Justice and International Courts by Tobias Lock

The European Court of Justice and International Courts

byTobias Lock

Hardcover | November 7, 2015

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The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdiction of other international courts and tribunals, especially in the context of so-called mixedagreements. While the CJEU considers these "integral parts" of EU law, other international courts will also have jurisdiction in such cases. This book explores the conundrum of shared jurisdiction, analysing the international legal framework for the resolution of such conflicts, and provides a critical and comprehensive analysis of the CJEU's far-reaching jurisdiction, suggesting solutions to this dilemma. The book also addresses thespecial relationship between the CJEU and the European Court of Human Rights. The unique interaction between these two bodies raises fundamental substantive concerns about overlaps of jurisdiction and interpretation in the courts. Conflicts of interpretation manage largely to be avoided by frequentcross-referencing, which also allows for much cross-fertilization in the development of European human rights law. The link between these two courts is the subject of the final section of the book.

About The Author

Tobias Lock is a Lectuer in EU Law at the University of Edinburgh. He previously lectured at the University of Surrey and University College London. He received his PhD in 2009 from the Friedrich Alexander University, Erlangen-Nuremberg. He was a UK national rapporteur for the FIDE 2012 Congress.

Details & Specs

Title:The European Court of Justice and International CourtsFormat:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.92 inPublished:November 7, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199660476

ISBN - 13:9780199660476

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Extra Content

Table of Contents

1. Introduction2. The Relationship Between International Courts3. The Court of Justice and International Courts: Jurisdictional and Procedural Issues4. The Court of Justice and the European Court of Human Rights: A Special Relationship