Precedents and Case-Based Reasoning in the European Court of Justice - Unfinished Business

"This book aims to provide a fresh eye to a topic that is both abiding and acute, and to deliberately do so by an amalgam of various juxtapositions: European law and international law, common law and civil law, doctrine and theory, legal academe and practice. Whether or not it succeeds, this work could not have been written without the contribution of many. Over the years, I have benefitted greatly from the insights of talented individuals too numerous to mention. My three intellectual homes - UniversityCollege London, Harvard Law School and the Max Planck Institute for Comparative Public Law and International Law - have all deeply influenced this work in their own unique way. "--

List of contents

1. Introduction; 2. Setting precedents: law made in Luxembourg; 3. Determining the essence of ECJ precedents; 4. Precedent application by the ECJ; 5. Avoiding ECJ precedents I: distinguishing; 6. Avoiding ECJ precedents II: departing; 7. ECJ precedents in context; 8. The normativity of ECJ precedents; 9. Conclusions and suggestions.

About the author

Marc Jacob is a member of the international arbitration group of a leading international law firm, where he advises and represents sovereign and corporate entities in investment treaty disputes and cross-border commercial arbitrations. He is also a lecturer at the University of Tübingen, Germany.

Product details

• Authors: Marc Jacob, Marc A. Jacob
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 20.03.2014
• EAN: 9781107045491
• ISBN: 978-1-107-04549-1
• No. of pages: 351
• Subjects: Social sciences, law, business > Law > International law, foreign law; Law, LAW / International, Legal Reference / Law Profession, Jurisprudence & general issues, EU (European Union), Arbitration, mediation & alternative dispute resolution, EU & European institutions, International law: courts and procedures