Volume 13, Issue 2


POST-CONFLICT NATIONAL HUMAN RIGHTS INSTITUTIONS: EMERGING MODELS FROM NORTHERN IRELAND AND BOSNIA & HERZEGOVINA

13 Colum. J. Eur. L. 427 (2007) Amanda Lee Wetzel. J.D. and Master en Droit Candidate at Columbia Law School and Universitd Paris-I Pantheon, Sorbonne, 2008; LL.M. in Human Rights Law (with Distinction), The Queen’s University of Belfast School of Law, 2003; B.A. in International Politics with Interdisciplinary Honors in Geography, The Pennsylvania State University, 2002. This Note evaluates the conflict resolution role of national human rights institutions (NHRIs) in divided societies through case studies of the Northern Ireland Human Rights Commission (NIHRC) and the Bosnia and Herzegovina Office of the Human Rights Ombudsman (BiH-HRO). A NHRI’s conflict resolution role […]


TORT REFORM A LA FRANQAISE: JURISPRUDENTIAL AND POLICY PERSPECTIVES ON DAMAGES FOR BODILY INJURY IN FRANCE

13 Colum. J. Eur. L. 231 (2007) David Corbé-Chalon. Attaché temporaire d’enseignement et de recherche (Instructor), Faculté de Droit et des Sciences Économiques, Université du Maine, Le Mans, France; Member of the Groupe de recherches en droit des affaires (Research Group in Business Law). Professor of Law, University of Maine School of Law. Martin A. Rogoff. Professor of Law, University of Maine School of Law. There is a perception among many in the United States that the system for awarding tort damages for bodily injuries needs to be reformed. Some legal scholars have proposed the adoption of a system similar […]


IS EC TRADE POLICY UP TO PAR?: A LEGAL ANALYSIS OVER TIME-ROME, MARRAKESH, AMSTERDAM, NICE, AND THE CONSTITUTIONAL TREATY

13 Colum. J. Eur. L. 305 (2007) Rafael Leal-Arcas. Lecturer in Law, and Deputy-Director of Graduate Studies, Queen Mary, University of London, (Centre for Commercial Law Studies, U.K.); Formerly, Visiting Researcher at Harvard Law School (European Law Research Center) and Fellow at the Real Colegio Complutense (Harvard University); Emile Noel Fellow 2004-2005 at New York University School of Law (Jean Monnet Center for International and Regional Economic Law and Justice); Visiting Scholar during the fall of 2003 at the University of Wisconsin-Madison Law School (Institute for Legal Studies). Ph.D. candidate, LL.M. (European University Institute, Florence, Italy); J.S.M. (Stanford Law School); LL.M. […]


THE DIRECT EFFECT OF EUROPEAN DIRECTIVES: TOWARDS THE FINAL ACT?

13 Colum. J. Eur. L. 401 (2007) Florian Becker. Professor of Law, Sixth Century Chair, University of Aberdeen School of Law.   Angus Campbell. Senior Lecturer in Law, University of Aberdeen School of Law.   According to the doctrine of horizontal direct effect certain provisions of a Directive may apply within a Member State between individuals and may be invoked before a national court without first being implemented by the national legislature. When the E.E.C. treaty was signed, it was far from obvious that Directives could apply directly, in any manner, within a Member State. Indeed the opposite seemed true, […]


BOOK REVIEW: THIS VERY HUMAN INSTITUTION: A BIOGRAPHY OF THE YUGOSLAVIA TRIBUNAL, Pierre Hazan, Justice in a Time of War: The True Story Behind the International

13 Colum. J. Eur. L. 471 (2007) Julian Davis Mortenson. Associate, Wilmer Cutler Pickering Hale and Don; Law Clerk to the Honorable David H. Souter, United States Supreme Court (2003-2004); Associate Legal Officer, Office of President Theodor Meron, International Criminal Tribunal for the former Yugoslavia (2004-2005). Pierre Hazan, Justice in a Time of War: The True Story Behind the International Criminal Tribunal for the Former Yugoslavia, Texas A&M University Press, College Station, Texas, 2004. Pp. 272. Translated by James Thomas Snyder. Originally published as La Justice face 6 la guerre: de Nuremberg 6 La Haye, Stock, Paris, 2000. INTRODUCTION The […]


CASE LAW: CASE C-372/04, WATTS v. BEDFORD PRIMARY CARE TRUST & SECRETARY OF STATE FOR HEALTH

13 Colum. J. Eur. L. 489 (2007) Inge Verdonck. Research Associate, Institute of Social Law, Faculty of Law, Katholieke Universitiet Leuven, Belgium.   In Luisi and Carbone the European Court of Justice for the first time held that Article 49 EC Treaty confers upon all European citizens the right to travel to other Member States for the purpose of receiving medical services. After the Court’s landmark Kohll and Decker judgments, a body of case law on cross-border patient mobility had developed in which the application of free movement principles was thoroughly tested and clarified (Smits & Peerboonis, Miler-Fauri, Vanbraekel, Inizan, […]


LEG. DEV.: THE 2005 ASYLUM PROCEDURES DIRECTIVE: DEVELOPING THE EUROPEAN ASYLUM LAW

13 Colum. J. Eur. L. 501 (2007) Maria Panezi. LL.M, International Legal Studies, New York University School of Law. The Council Directive 2005/85/EC of I December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status’ (Procedures Directive) is the last of six important legislative texts establishing the “Common European Asylum System.” The legal basis for the adoption of the Procedures Directive was Paragraph 1(d) of Article 63 of the Treaty Establishing the European Community (EC Treaty).2 The Procedures Directive aims at creating a framework common to all Member States, which will progressively lead to […]