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Internalization And Externalization Of EU Law And It's Enlightenment On International Law

Posted on:2005-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:H JiangFull Text:PDF
GTID:2156360125456285Subject:International law
Abstract/Summary:PDF Full Text Request
Based on the premise of reconstruction in the concept of law, this paper mainly deals with the internalization and externalization of EU Law, then, it endeavors to touch upon the enlightenment to the reform of international law in the perspective of EU law. In outline, it falls into four parts: preamble, theoretical introduction, substantial contents and conclusion.Chapter One, as the introduction to theoretical background, mainly deals with the necessity and significance of the reconstruction of the concept of law in the light of EU law and international law. First, to some extent, the primitiveness of law'in new dimension brings about the renaissance of the law of human sociology. Secondly, the revival of belief in law enhances the efficacy and vitality of law in a democratic and natural sense.The second part is composed of three chapters, which are the substantial contents of the dissertation.Chapter Two first deals with the concept of internalization and externalization of law along with its major components. Then, it expounds the intrinsic attributes and historical essence of EU law in the analysis of its growth through internalization and externalization. For internalization, this chapter discusses its inherent and natural impacts on the development of EU law for the sake of jus gentium, medieval Christianity and European conception. Meanwhile, the relation between the internalization and efficacy is touched upon as well. For externalization, it argues that the economic integration and the forming of the society under EU citizenship are of vital importance to the ideal of federal Europe.Chapter Three presents the functions of the case law and judicial activism of ECJ in the embryo and growth of the EU law. First, it discusses the role of ECJ in the sculpturing of the general principle and classic precedents of EU law. At last, it presents the social background and structural premise for the activist attitude of the ECJ in a systematic insight.Chapter Four serves to provide much enlightenment to international law in the wake of EU law. It reveals serious crises in international law in the outline of respective fields of social justice as well as their principles, and puts forward some suggestions on the reform in international law in the three areas. Moreover, the chapter deals with inherent link and external influence between the development of international law and WTO and United Nations.
Keywords/Search Tags:the concept of law, EU law, internalization, externalization, international law
PDF Full Text Request
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