The Legal Effects Of Eu Agreementsmaximalist Treaty Enforcement And Judicial Avoidance Techniques Mario Mendez by Mario Mendez instant download after payment.

Mario Mendez has written an engaging and informative account of the legal
effect accorded by the European Court of Justice to international agreements
concluded by the EU.
Certain aspects of this subject have attracted a great deal of attention
from both scholars and practitioners over the years, such as the legal effects
of the GATT and WTO agreements in EU law. Mendez’s book however
tackles the broader subject of the legal effects accorded by the Court to all
manner of EU-concluded agreements, and places the GATT/WTO case
law in this wider context.
The book begins, after reflecting on the importance of treaties as a source
of law today, with a context-setting discussion of the ways in which domestic
courts have generally treated the legal effect of international agreements.
Eschewing the familiar but often confusing terminology of monism and
dualism, Mendez identifies two broad judicial approaches to international
treaties which he terms automatic incorporation, and non-automatic
incorporation. He then looks at the foundational cases in which the Court
of Justice articulated its approach to the legal effect of international
agreements.
He moves on in the core three chapters of the book to identify the
approach which the Court has taken to international agreements in three
broad fields: those of (a) association, cooperation, partnership, and trade
agreements (b) the GATT/WTO agreements, and (c) other non-trade
agreements. What emerges is a picture of a variegated set of strategies on
the part of the Court: using an automatic incorporation (and ‘maximal
enforcement’) approach in some circumstances, and techniques for judicial
avoidance in others. The crucial distinction, it emerges, between the cases
in which the Court adopts a maximalist enforcement approach, and those in
which it uses techniques of judicial avoidance, is whether or not the case
involves a challenge to Member State action as compared with EU action.
Mendez has written a valuable book, based on a substantial data set of
European Court case law, which includes thorough discussion and appraisal
of the case law of the Court of Justice in this important field. In additional
to marshalling and analyzing this useful empirical body of case law, the book provides a deft and authoritative evaluation and critique of the Court’s
approach to international treaties over the years.
This book should be of interest to students, scholars, and practitioners of
EU law alike, and to all of those interested in this aspect of the European
Court’s contribution to the EU’s emergence as a global actor.
Paul Craig
Grainne de Burca