Kadi on Trial: A Multifaceted Analysis of the Kadi Trial

Author:   Matej Avbelj ,  Filippo Fontanelli (Scuola Superiore S.Anna, Italy) ,  Giuseppe Martinico (Centro de Estudios Politicos y Constitucionales, Spain)
Publisher:   Taylor & Francis Ltd
ISBN:  

9780415640312


Pages:   222
Publication Date:   13 May 2014
Format:   Hardback
Availability:   In Print   Availability explained
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Kadi on Trial: A Multifaceted Analysis of the Kadi Trial


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Overview

The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a contextual reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union's objective of 'the strict observance and the development of international law', the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.

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Author:   Matej Avbelj ,  Filippo Fontanelli (Scuola Superiore S.Anna, Italy) ,  Giuseppe Martinico (Centro de Estudios Politicos y Constitucionales, Spain)
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Dimensions:   Width: 15.60cm , Height: 2.00cm , Length: 23.40cm
Weight:   0.544kg
ISBN:  

9780415640312


ISBN 10:   0415640318
Pages:   222
Publication Date:   13 May 2014
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

1. Introduction , Matej Avbelj, Filippo Fontanelli and Giuseppe Martinico Part 1: Kadi II of the Court of Justice of the EU: An Introduction 2. Kadieu: Connecting the Dots, Filippo Fontanelli 3. Playing Chinese Whispers: the Kadi II Decision of The General Court of the European Union, Antonella Angelini 4. Thou Shalt only Partly Judge! Jurisdictional Review in the Opinion of the Intervening States in Kadi II, Paolo Busco Part 2: The Legal Theory Perspective 5. The Case of Mr Kadi and the Modern Concept of Law, Matej Avbelj 6. Kadi in Sight of Autopoiesis, Jennifer Hendry 7. The Intractably Unknowable Nature of Law: Kadi, Kafka and the Law's Competing Claims to Authority, Luke Mason Part 3: The Public International Law Perspective 8. The Kadi II Judgment of the Court of Justice of the European Union: Implications for Judicial Review of UN Security Council Resolutions, Arman Sarvarian 9. Kadi II: Backtracking from Kadi I?, Nikos Lavranos & Mihail Vatsov 10. The Solange Argument as a Justification for Disobeying the Security Council in the Kadi Judgments, Antonios Tzanakopoulos 11. Global Counter-Terrorism Sanctions and European Due Process Rules: The Dialogue Between the CJEU and the ECtHR, Federico Fabbrini & Joris Larik Part 4: The Constitutional Law Perspective 12. The Autonomy of EU Law: A Joint Kadi II - Van Gend en Loos Celebration, Giuseppe Martinico 13. Constitutional Dimensions of Administrative Cooperation: Potentials for Reorientation in Kadi II, Nele Yang 14. Multilevel Judicial Protection of `Access to Justice' and the EU's Duty to Contribute `To the Strict Observance and Development of International Law', Ernst-Ulrich Petersmann

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Author Information

Matej Avbelj is Assistant Professor of European Law at the Graduate School of Government and European Studies, Slovenia, where he also acts as a Dean. Filippo Fontanelli received his LL.B. degree in 2006 from the Pisa University, summa cum laude. He has a PhD from the Sant'Anna School of Advanced Studies in Pisa, and an LL.M. from the NYU School of Law. Giuseppe Martinico is the Garcia Pelayo Fellow at the Centro de EstudiosPoliticos y Constitucionales (CEPC), Madrid.

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