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Chapter

Cover European Union Law

7. EU law: is it international law?  

Bruno de Witte

This chapter examines the legal nature of EU law—that is, its place within the realm of international law. Today still, the TEU and the TFEU form the basic documents of the EU legal order. It logically follows from this that EU law is still part—albeit a very distinctive and advanced one—of international law. There are, however, also good reasons for thinking that the EU is now so different from any other international organization in the world that it has become ‘something else’, more like the central unit of a European federal State. The chapter first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.

Chapter

Cover European Union Law

7. EU law: is it international law?  

Bruno de Witte

This chapter examines the legal nature of EU law, i.e. its place within the realm of international law. It first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.

Chapter

Cover Administrative Law

1. Introduction  

Sir William Wade and Christopher Forsyth

This introductory chapter begins with a discussion of the definition of administrative law. It then turns to the characteristics of the law, covering the legal systems of Britain and Continental Europe, EU law, European human rights, the development of administrative law in England, and the failure of administrative law to keep pace with the expanding powers of the state in the twentieth century.

Chapter

Cover Wade & Forsyth's Administrative Law

1. Introduction  

Sir William Wade, Christopher Forsyth, and Julian Ghosh

This introductory chapter begins with a discussion of the definition of administrative law. It then turns to the characteristics of the law, covering the legal systems of Britain and Continental Europe, EU law, European human rights, the development of administrative law in England and the failure of administrative law to keep pace with the expanding powers of the state in the twentieth century.

Book

Cover European Intellectual Property Law

Justine Pila and Paul Torremans

European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.

Chapter

Cover Legal Systems & Skills

2. Legal systems and sources of law  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

Chapter

Cover Legal Systems & Skills

2. Legal systems and sources of law  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

Chapter

Cover European Union Law

8. General principles of EU law and EU administrative law  

Herwig CH Hofmann

General principles of EU law are principles which govern all legal acts of the EU and those of Member States when acting in the scope of EU law. They have become particularly important in terms of administrative implementation of EU law by Union institutions and bodies as well as by Member States. This chapter addresses some of the most important of these principles concerning procedure and substance of implementation of EU law within a multi-level system. The principles discussed in this chapter include proportionality, the rule of law, good administration, information rights and the conditions necessary to ensure the right to an effective remedy. Each comes with examples.

Chapter

Cover European Union Law

8. General principles of EU law and EU administrative law  

Herwig C.H. Hofmann

This chapter examines the steps which take place after legislation has been passed. It also looks at the principles and rules that exist to ensure the legality and legitimacy of administrative action implementing EU law. It begins with an overview of the key institutions and agencies of the EU and what they do. It then discusses the applicable law which is key to developing notions of accountability and the protection of rights in this field.

Chapter

Cover Business Law Concentrate

1. The English legal system  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.

Chapter

Cover Intellectual Property Concentrate

1. Introduction to intellectual property and common themes  

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.

Chapter

Cover Public Law

9. The European Union and Brexit  

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

Chapter

Cover English Legal System Concentrate

5. Sources of Law III: Effect of EU and International Law  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the effect of EU and international law. The UK is a signatory to multiple international institutions. Each of these institutions sets a framework for the UK to operate within, granting certain rights, benefits, and obligations. The most prominent institutions are the EU, the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the United Nations. Although the UK’s continued involvement in these institutions will have a direct impact on the operation of UK law, relations with other states, whether they be good or bad, will also shape the face of the English legal system. The chapter then studies international law, considering basic matters such as the meaning of international law, the doctrine of state sovereignty, and the distinction between public and private international law.

Chapter

Cover EU Law Directions

4. Sources and forms of EU law  

This chapter examines the forms and sources of European Union (EU) law. It describes the nature of the EU legal system and discusses the classification of various elements of EU law, which include institutional laws, procedural laws, and substantive laws. It explains that the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the principal sources of law for the Union. Other sources include regulations, Directives, procedural requirements, and international agreements and conventions. This chapter also discusses the contribution of the European Court of Justice (CJEU) to the sources of EU law.

Chapter

Cover EU Law Directions

4. Sources and forms of EU law  

This chapter examines the forms and sources of European Union (EU) law. It describes the nature of the EU legal system and discusses the classification of various elements of EU law, which include institutional laws, procedural laws, and substantive laws. It explains that the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the principal sources of law for the Union. Other sources include regulations, Directives, procedural requirements, and international agreements and conventions. This chapter also discusses the contribution of the European Court of Justice (CJEU) to the sources of EU law.