The importance of International Developments in the case-law of the European Court of Justice: Kadi and the autonomy of the EC legal order. Research Papers in Law, 1/2009

From the Introduction. In the USA, the debate is still ongoing as to whether and to what extent the Supreme Court could or should refer to foreign precedent, in particular in relation to constitutional matters such as the death penalty.1 In the EU, in particular the recent Kadi case of 20082 has triggered much controversy,3 thereby highlighting the opposite angle to a similar discussion. The focus of attention in Europe is namely to what extent the European Court of Justice (hereafter “ECJ”) could lawfully and rightfully refuse to plainly ‘surrender’ or to subordinate the EC legal system to UN law and obligations when dealing with human rights issues. This question becomes all the more pertinent in view of the fact that in the past the ECJ has been rather receptive and constructive in forging interconnectivity between the EC legal order and international law developments. A bench mark in that respect was undoubtedly the Racke case of 1998,4 where the ECJ spelled out the necessity for the EC to respect international law with direct reference to a ruling of the International Court of Justice. This judgment which was rendered 10 years earlier than Kadi equally concerned EC/EU economic sanctions taken in implementation of UN Security Council Resolutions. A major question is therefore whether it is at all possible, and if so to determine how, to reconcile those apparently conflicting judgments.

Rules of court, 1905-1916 : made under the China orders in Council, 1904-1915, the foreign jurisdiction (admiralty) order in Council, 1910, and the China (companies) order in Council, 1915 /

At head of title: British jurisdiction in China.

Revised rules adopted April 12, 1954, effective July 1, 1954.

Cover title.

Rules of civil procedure for the United States District Courts. : Hearing[s] Seventy-fifth Congress, third session, on S.J. Res. 281, a joint resolution to postpone the effective date of the Rules of civil procedure.

[pt.1] Hearing, April 18, 1938.--pt.2. Hearing, May 19, 1938.

Amended rules of practice for the courts of equity of the United States /

Mode of access: Internet.

The celebrated trial, Madeline Pollard vs. Breckinridge, the most noted breach of promise suit in the history of court records.

Trial of William Campbell Preston who was being sued by Miss Madeline Pollard for $50,000 in a breach of promise suit. Accused of promising to marry Miss Pollard and fathering a child and then failing to fulfill his promise. He was found guilty.

Copyright law of the United States of America.

Issues for [1909-1949] include "Rules adopted by the Supreme Court of the United States for practice and procedure."

The Ontario law reports : cases determined in the Court of Appeal and in the High Court of Justice for Ontario.

Mode of access: Internet.

Cases decided in the Court of Claims of the United States at the ... with the rules of practice and the acts of Congress relating to the court /

Reporters: C.C. Mott and Archibald Hopkins, v. 8-48; William W. Scott, v. 49-50; Samuel A. Putnam, v. 51-53; Seth Shepard, v. 54-55; Harry N. Stull, v. 56-59; Ewart W. Hobbs, v. 61-74; Charles F. Kincheloe, v. 76-84; Charles F. Kincheloe and Harry N. Stull, v. 85; James A. Hoyt, v. 86-112.

Decisions of the Superior and Supreme Courts of New Hampshire.

"With extracts from Judge Smith's manuscript treatise on probate law, and from his other legal manuscripts."

On appeal from the Circuit Court of the United States for the County of Washington, D.C.

At head of title: Supreme Court of the United States, No. 77.

Reports of cases argued and determined in the Court of Appeals of Virginia /

Includes indexes.

A digested index to the Virginia reports, containing all the points argued and determined in the Court of appeals of Virginia, from Washington to [third Leigh] ... inclusive [1790-1832] with a table of the names of the cases reported.

Mode of access: Internet.

Report of cases argued and determined in the Court of Appeals of Virginia. [1790-1796]

Dedication "To Edmund Pendleton, esquire, president of the Court of appeals ...": v.1, p. [iii]

Reports of cases decided in the Court of Appeals of Virginia from April 10th 1820, to June 28th 1821 /

Includes index.