Suchergebnisse

On November 27, 2012, the Court of Justice of the European Union (ECJ) issued a landmark decision on the question of the compatibility of the European Stability Mechanism Treaty with European Union law. The Court ruled on the following issues related to the permanent bailout fund: the validity of Decision 2011/199/EU adopted by the European Council to amend Article 136 of the Treaty on the Functioning of the European Union (TEFU) in accordance with the simplified revision procedures; whether the European Council exceeded its competence by using the simplified revision procedure under Article 48(6) of the Treaty on European Union (TEU) to establish the stability mechanism in violation of the treaties; the compatibility of the Treaty Establishing the European Stability Mechanism (ESM) with the treaties founding the European Union; and whether Decision 2011/199/EU encroached on the competence of the Union to coordinate economic and monetary policies of the Member States.

This thesis examines the emergence of a new characterisation of belligerent occupation evidenced in Iraq (2003-2004), transformative belligerent occupation. After the institutions of government were destroyed in hostilties it was apparent that some form of state building exercise was necessary to transform the territory to restore order there. Consequently, the belligerent occupying powers were authorised by Security Council Resolution Chapter VII mandate to transform the territory and comply with their obligations under the Hague Regulations of 1907 and Geneva Conventions of 1949. ; TARA (Trinity?s Access to Research Archive) has a robust takedown policy. Please contact us if you have any concerns: rssadmin@tcd.ie

"This volume arose from a desire to advance academic discourse and reflection on the broader subject of prolonged occupation, in light of the permanent character, and resulting implications of, the 55 year Israeli administration of the Palestinian Territories. The roots of the volume lie in a 2018 academic conference on "The Threshold from Occupation to Annexation". The present volume moves that discussion forward, updating and widening the range of topics addressed. The result is a collection of thought-provoking contributions by a wide range of scholars on the challenging and critical issue of prolonged occupation and international law, ranging from colonialism, apartheid, the illegality of occupation and potential international criminal liability. "This volume reminds us forcefully that international law is alive and vibrant and can, with imagination and in concert with social movements, move us forward in the struggle for justice in Palestine, and elsewhere. It is a signal achievement." George Bisharat, The Honorable Raymond L. Sullivan Professor of Law, University of California Hastings College of the Law. "Into today's "deepening environment of political inertia" (co-editor Nada Kiswanson) comes this searing collection of essays examining international legal frameworks and legal responsibilities closely and tangibly informed by the painful realities of Palestinian life under prolonged Israeli occupation. The editors, authors, convenors and everyone else involved are to be congratulated on producing a volume that will surely become a seminal resource for anyone serious about studying what Palestine has to teach us about international law." Lynn Welchman, Professor, School of Law, SOAS University of London. "Scholarly and comprehensive, this impressive collection of essays by renowned experts...offers a tour d'horizon of the fundamental legal issues raised by Israel's prolonged occupation of Palestine as well as potential remedies that can confront the illegalities." William A. Schabas, Professor of International Law, School of Law, Middlesex University"--