The European Court of Justice and International Courts

Tobias Lock (Lecturer in EU Law, Lecturer in EU Law, University of Edinburgh)

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English

Oxford University Press
08 October 2015

Jurisdiction & immunities; International courts & procedures; Constitutional & administrative law

Series: International Courts and Tribunals Series

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 mixed agreements. 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 the special 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 frequent cross-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.

By: Tobias Lock (Lecturer in EU Law Lecturer in EU Law University of Edinburgh)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 163mm, Spine: 23mm
Weight: 1g
ISBN: 9780199660476
ISBN 10: 0199660476
Series: International Courts and Tribunals Series
Pages: 300
Publication Date: 08 October 2015
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction 2: The Relationship Between International Courts 3: The Court of Justice and International Courts: Jurisdictional and Procedural Issues 4: The Court of Justice and the European Court of Human Rights: A Special Relationship

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.