Unlike breach, withdrawal from an international treaty is in principle a lawful act. Article 54 of the Vienna Convention on the Law of the Treaties allows a State to withdraw from a treaty either in conformity with the relevant provisions or by consent of all parties. In that sense, Article 50 TEU that provides for … Continue reading Brexit as a secession
How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when judges venture outside the constraints of the text? Do these limits converge or diverge in both jurisdictions? Judicial Law-making in English and German Courts is concerned with the limits of judicial power in both … Continue reading New publication – Martin Brenncke – Judicial Law-making in English and German Courts, Intersentia, 2018
Introduction For supporters of the broadest possible reach of human rights law these are troubled times. But for the comparative law scholar these are also very interesting times. Proponents of a ‘hard’ Brexit are trying to expel an entire corpus of law from our legal system whilst simultaneously the Government is trying to negotiate various … Continue reading Merris Amos – Brexit led tinkering with the UK human rights machine: minor adjustment or damaging blow?
October 2017 marked the publication of the Edward Elgar Research Handbook on EU Tort Law. This is part of the series of Research Handbooks in European Law published by leading Law publishing house, Edward Elgar, which offer authoritative reference points for academics, students, and practitioners studying or working in EU law, private law and comparative … Continue reading Editing a Handbook on European Union Tort Law – Brexit, Language and Deadlines