Legal Visions of the New Europe

The George Washington Journal of International Law and Economics, January 1, 1995 | Go to article overview

Legal Visions of the New Europe


Legal Visions of the New Europe, edited by Bernard S. Jackson and Dominic McGoldrick. London, England; Dordrecht, The Netherlands; and Boston, Massachusetts: Graham & Trotman Ltd./Martinus Nijhoff Publishers, 1993. Pp. 372. $95.00 (hardcover).

In the wake of the recent legal, social and political upheaval and rebirth in the European countries, the Faculty of Law at Liverpool University celebrates its one hundred year anniversary with a series of closely integrated essays reflecting current concerns in the legal regulation of the new Europe. Legal Visions of the New Europe closely examines the new Europe's evolving constitutional and institutional structure, human rights, and environmental and social policies.

Editors Jackson and McGoldrick ask the collection's focal question in its preface: "What is Europe geographically, politically, environmentally, culturally, ideologically?". This diverse series of essays finds the answer in a broad academic approach to studying the new Europe. The collection focuses not only on traditional socio-economic and political factors in its analysis, but also upon history, culture, comparative law, and legal philosophy. The contributing scholars each study the question from the perspective of their individual specialties, and, as Jackson and McGoldrick observe, "the total reality (if there is such a thing) of the New Europe is the sum of these visions."

Part I of Legal Visions of the New Europe includes two essays that analyze Jackson and McGoldrick's question from a historical perspective. The first essay, written by Jackson himself, compares and contrasts three models of European Law-Ius Gentium, Ius Commune, and European Community Law -in an effort to explain the likely path in Europe's future by examining its legal past. The second essay, by Ian Campbell, argues that change is the only constant in human affairs and institutions, and cites certain enduring European legal problems relating to "Union" membership in support.

Part II explores the question from an institutional perspective in three essays by Antoine Garapon, Joe Verhoeven, and McGoldrick, respectively. The first essay, written and published entirely in French, considers the integrative role of the European Court of Human Rights. The second, also in French, analyzes various institutional models for a unified Europe. Finally, the third essay follows the development of the Conference on Security and Cooperation in Europe from its early conceptual beginnings to its present-day fruition in response to Europe's volatile political structure. …

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