Content and Meaning of National Law in the Context of Transnational Law

by Henk Snijders, Stefan Vogenauer

Overview

This collection of essays by Dutch, English and Swiss scholars deals with the impact of transnational law, in particular the law of the European Union and the Council of Europe, on the content and meaning given to domestic law by national legislators and judges. Topics covered include the constitutional and practical implications of implementing transnational law at the national level, as well as the interpretation of domestic law against the background of the European Convention on Human Rights, the law of the European Union and so called “soft law” instruments, in areas such as civil procedure, jurisdiction, contract, company law and competition law.

Product Details

ISBN-13:	9783866538740
Publisher:	sellier. european law publishers
Publication date:	11/16/2009
Sold by:	Barnes & Noble
Format:	eBook
Pages:	222
File size:	3 MB

Table of Contents

General Introduction Henk Snijders Stefan Vogenauer v

Abbreviations xi

Channelling International Law into the Domestic Legal Order - Some Practices and Constitutional Problems Euert Alkema 1

Beyond the Call of Duty? Domestic Courts and the Standards of the European Court of Human Rights Rick Lawson 21

The Interpretation of the English Civil Procedure Rules in the Context of Article 6 of the European Convention on Human Rights Déirdre Dwyer 39

The Europeanisation of Fundamental Rights Protection in Switzerland: Two Steps Forward, One Step Back Maya Hertig Randall 53

Gold-plating and Double Banking: an Overrated Problem? Wim Voermans 79

Sale of Consumer Goods: the Adaptation of (Dutch) National Law to Transnational Demands Jaap Hijma 89

EU Law-making and its Impact on National Company Law Steef M. Bartman 101

Inspiration From Above: Making and Interpreting Dutch Law on jurisdiction in Civil and Commercial Matters in Light of European Law Maurice Polak 113

Interpretation of National Rules for ex officio Raising of Points of Community Law by National Courts Henk Snijders 133

Interpretation of the UNIDROIT Principles of International Commercial Contracts by National Courts Stefan Vogenauer 157

Interpretation of English Law in Light of the Common Frame of Reference John Cartwright 197

The White Paper on Damages Actions for Breach of the EC Antitrust Rules Erik-Jan Zippro 213