Is the American President sufficiently free from domestic pressures to Essay - 1

Is the American President sufficiently free from domestic pressures to be able to play the leadership role that American hegemony requires - Essay Example 499). For many years, European hegemony was experienced around the world with massive success. In fact, the hegemonic principles still apply today in the world as witnessed by the reverence given to royal families such as the queen and prince. For instance, the wedding of Kate Middleton and Prince Charles was air globally illustrating the existence of the modern hegemony in the society. Consequently, the imperial dominance exhibited by the royal family is a product of cultural imperialism. The cultural imperialism is a process whereby a state such as America dictates the internal politics and the societal character of the subordinates states via the sphere of influence. The growth of hegemony in the post-Cold War world is similar to the 19th and 20th century, but the leading country in hegemony in the 21st century is the U.S. in fact, most Neo-Marxist philosophers describe America as the hegemonic hyper power (Clark, 2011, p. 36). The definition is based on the unilateral military actions worldwide including the invasion of Afghanistan and Iraq. However, senior American political scientists argue that the current American set-up does not present a truly hegemonic state because it does not finance or use the military resources to impose a formal or proper global hegemony (Clark, 2009, p. 156). However, the global leadership is a result of American leadership and can be described as hegemonic governance. In spite of the nonexistence of the clear link between hegemony and the American government in the global environment, it is possible that the American hegemony is evident in the global politics. In political science, the denotation of hegemony extended to describe predominance of a country upon others. The action can be through extension and the development of Great Power Politics, which establishes the indirect imperial rule (Hung, 2013, p. 1343).

Costco membership policy Term Paper Example | Topics and Well Written Essays - 1500 words

Costco membership policy - Term Paper Example One of the key strengths about the brand is the fact that the business has been established with one main goals which was to provide membership to most wholesale buyers. The crucial fact about the business is that is business model is unique. As such, the uniqueness in the business model is a key marketing point that the organization needs to center on. Although, there are few other warehouse clubs in the United States and elsewhere across the globe, evidently, Costco was one of the first and still remains one of the leading organizations in the field (Edleson, 2014). As such, uniqueness is a key selling point for the organization. Another major strength is the brand reputation. Currently, Costco is a key destination for shoppers with large families or people seeking to purchase products in bulk. With a superior reputation as is the case with the organization, it is evident that the marketing of the brand would be much easier. Costco is recurrently mentioned in movies and television programs and hence the proposition that most of the people already know about it. As such, the marketing plan needs not to center on introduction of the brand but rather should be emphatic on maintaining a good reputation about the organization. Although the brand being too big is a focal point of strength, it can also serve as a key weakness for the organization. Arguably, marketing a large brand is hectic. Additionally, it is also very pricey. As such, the budget for marketing such an organization is huge. Likewise, marketing an already reputable brand is a little complicated in that wrong marketing strategies would lead into destroying the brand as opposed to improving its reputation. As such, the marketing developed for this organization needs to be considered keenly and assessed. The marketing team needs to be experienced in handling large brands and marketing them effectively (Bowman & Gatignon, 2010). This weakness

Comparing news reports Essay Example for Free

Comparing news reports Essay On the day of 3rd February 1998, a Marine Corps EA-6B Prowler jet crashed into a wire, along which a yellow cable car was running along in the Dolomites area of Cavalese, Northern Italy. The car fell, killing 20 people. The victims were nine women, ten men, and one child. At least six of them were German, whereas two of them were Hungarian, and two Polish. The operator of the car, who was Italian, also died. Three newspapers. The Times, The Mirror, and the American Newsweek was very different from the rest. It contained no pictures, and was very much more biased towards the Americans, and was trying to shift the blame from them, to the Italians: pilots flight plan had been cleared by Italian authorities. The Americans treated the tragic accident, as a political affair with Europe attacking America: Europe questions Americas character. The Times contains a great deal more fact than The Mirror which also contains fact, but with some opinion: Regional President Carlo Andreotti should stop these war games The Times and The Mirror contained much more factual information about the incident, than Newsweek did. The Mirror and The Times both commented on how the cars fell 300ft and killed 20 people. They also both say that a second car was left dangling precariously on the wire. The Mirror goes on to describe who the casualties were (men, women, and children), whereas The Times talks about what time the accident occurred at, and that if it were to happen in the morning, that the car would have been packed with around 40 people, as it would have been peek time: If it had happened in the morning, the car would had been packed and the death toll would have been even higher. This is because a lot more tourists would have been going up the hill, in the morning. The Times also gives, what I consider, as useless facts at the end, such as that the mountains have become a popular tourist spot. It also goes on to talk about irrelevant things about the area of the incident: The area The Val di Fassa is renowned for the quality of its wood, from which Strdivarius violins are made. The Newsweek report, does still have some fact, but a lot more of it, is political facts, trying to shift the blame onto the Italians: We fly the routs they lay out Here, the Americans are clearly trying to shift the blame, by saying that the pilots flying the EA-6B prowler, exactly where the Italians had told them to fly. The main differences between the English papers The Times, and The Mirror and the American newsmagazine Newsweek, is that there is no pictures or diagrams, helping to explain the incident in the Newsweek report. These pictures featured in the two newspapers, not only to help to explain what happened in the incident, and where it took place, but they also made a welcome break, from reading large sections of text. The language used in each report also is very different in each report. The Newsweek report has a lot of American language in it: hot dogging clipped tumbling returned safely fighter jet clipped cherry pie These words are not only the type you would expect from a typical American, but they are also a lot softer and less dramatic types of words: fighter jet clipped skiers tumbling returned safely , compared to the harsher, more dramatic words found in The Mirror and The Times: warplane screamed dangling precariously plunged horror smashed open like a cardboard box Sliced screaming collided smashed crumpled bad jolt twisted The tone also differs dramatically between the two British newspapers, and Newsweek. The Newsweek report is very sceptical, and is constantly tying to shift the blame, or to change the subject: Overshadowed by anti-Americanism This time analysts found links violence is as American as cherry pie The English news reports are laid out much better than the Newsweek report. The English newspapers have at lest two pictures, with captions per report. Both article also maps, which describe where the incident occurred. There are no pictures, captions, or maps in the Newsweek report. The extract is determined as an article, due to how it is split up, with three columns. The most predominant point, or main clause, it the last four words, contained within the sub-headline. Europe questions Americas character This is the main point, which the Americans are trying to argue in the report, so it is the point that stays in the back of the readers mind, throughout the report. The article that explains the incident most effectively is the extract from The Times. This is because the report form The Mirror contains a lot of opinion however, this report gets the main points over quicker. The Times contains a great deal of facts, so you could get the most information from this. The Newsweek report is basically a political argument conceived by the Americans about the Europeans. 1

A Critical Examination Of My Lover In White :: essays research papers

After reading "My Lover in White," for the first time, I thought of a poem written by Shakespeare that seemed to be in some ways similar in content. The mention of the fair maidens outside the gate and the poet's observation that his love is not with the rest reminds me of Shakespeare's Sonnet CXXX. The poem is about the poets love of a woman that is not the most beautiful in comparison to most fantasy women; she is not perfect, but in his eyes she is all that he could possibly want. It seems that the content of this poem also reflects a devoted love to a maiden that may not be the fairest of them all, however she gives him all the delight he needs: "She alone gives me delight". The note at the end of the poem comments that 'the man praises his lover..., contrasted with beautiful maidens...'. This seems to support the insinuation that perhaps his maiden is not of the same entirety as the other dating maidens. The poet does not need anything other than the love he receives from this one maiden. It is possible that the lines that state she is not there outside the gate could be referring to something more literal. It could perhaps be literal in the sense that something has happened to her, which is why she is not out there. The note at the bottom of the poem clarifies that the gate in the poem refers to the eastern gate of the capital of Zheng. The significance of the eastern gate seems to be important to the meaning of the lines, however that importance is unclear to the uninformed reader. The two stanzas of the poem are repetitive yet with subtle differences. It seems common throughout many traditional Chinese poems that the first two lines of each stanza are very much alike and repetitive, while the following lines show more of a distinction. The first line reads "outside the eastern gate," while the first line of the second reads "outside the outer gate". The next line compares maidens to clouds, while the second line of the second stanza compares them to blooms. The poet uses nature in both stanzas to compare the fairness of the maidens. The fourth lines of each, say in different ways that his love is not where all the other maidens are.

Globalization and some ethical issue Essay

Globalization is phenomenon which is quickly sweeping across the world. Globalization occurs when the scope of things, like trade and politics cross the national boundaries and enter the realm of international scenario. To some extent people working on the international front do not merely belong to their own countries but actually become a part of the international community. The increasingly closer contacts between different countries of the world due to progress in means of traveling and communication, and exchange of not only products but also cultures, are the actual basis and the real reasons behind globalization. Globalization has been believed to bring about revolution in the lives of people of quite a few countries affected by it. International trade, politics and spotlight on ethical issues has opened doors to a completely new world for many. However, as much as it’s positive effects like competitive global or open market trade, its negative effects are also a cause of offense to many. It is seen that if people are happy by the transformed way of living due to globalization, quite a lot are dismayed and consider globalization as an attack on their national identities, a raid on their distinctive cultural and an attempt of involvement in their countries’ internal affairs. Countries which are affected positively are mostly European or Western countries, with the exceptions of countries like China and Japan etc. belonging to the East, which truly made use of the opportunity and progressed. Other developing countries spread over, Asia, Africa and Middle East were either too badly exploited or accepted the international influence too much to loose their own specific culture and identities. Overwhelmed by the Western influence they did not progress as much as they lost their true identification. Numerous countries, cultures and nations have been under the influence of globalization but here specifically I am discussing the effects of globalization on China in from economic, political, environmental and cultural point of view. Cultural Impact of Globalization on China Globalization poses a threat for the original cultures of all the nations who accept to be a part of the international community. Accepting the international community’s norms and adjusting like wise is the first and foremost rule to be followed in such circumstances. Globalization is seen as â€Å"an unstoppable homogenization that dooms local variation and that makes the nation state increasingly irrelevant. † (Weller p. 161) Culture is highly dynamic; it is â€Å"not static. † (Rothkop) Many people who staunchly believe in a strict national identity including staunchness to religion, caste and creed etc. are opposed to the idea of globalization. International influence has no doubt changed the scenario in nearly all the modern cities or areas of China in order to comply with the global requirements. The influx of knowledge, modern machinery and modern lifestyles is simply unacceptable by many who have lived their lives protecting their cultural norms. Globalization aims at changing the entire way of lives of people belonging to any specific culture. Involvement of women and people irrespective of caste, religion or family background in the employments opened as a result of being a part of the international market threatens the traditional caste system supported by many cultures and societies. Same holds true for China; modern ways of life complying in accordance with the world standards are now a strong part of the modern Chinese society. Nevertheless, along with the good effects the bad effects are also inevitably incorporated into the society. Ethics, modesty and self restraint from the social evils leave the culture as modern ways are readily incorporated into it. This is the main reason why many wise believe in moderation. However, the new era, in general and that of China believes in accepting the good and the bad alike for the purpose of achieving progress and development which is hard earned. Globalization in China from economic point of view China is an Asian country, which has been positively influenced by globalization especially in terms of economic growth. China grabbed the opportunity of entering into the competitive global market and using this opportunity for its own benefit. It seems China whole heartedly accepted the idea of globalization and allowed it to enter by opening all doors to it. It is believed to have entered an era of explosive economic development mainly relying on export of their products. This definitely strengthened China and helped it improve its condition in many ways, for example, improving the quality of life of the people and the environment to meet the international standards which was highly necessary in order to stand shoulder to shoulder with the other international states in competing in the open market. Just as in any society, globalization changed the culture of China in multiple ways and China accepted all these transformations whole heartedly for the sake of betterment. However, it was not so easy for every one to adapt to the rapidly changing norms even if they were in the field of economics. Income disparity was an inevitable consequence. Even today it is believed that â€Å"the most important source of income inequality in rural China is income from wages. † (Khan and Riskin p. 30) However, this entrance into the international scenario made it incumbent upon China to meet the international standards not only in terms of products but also environment; this lead to China’s struggle towards maintaining and improving its environment so that it could come up to the world wide standards.

Essay about World War II - 1105 Words

World War II During World War II, Nazi commanding officers, and soldiers under their command, carried out crimes against humanity in order to please their commanding officers or out of fear of what may become of the, if they did not comply with their orders. What could have been going through the minds of Nazi officers and soldiers while they were carrying out the orders they had received to almost wipe out an entire race of people? The Nazi criminals were brought to justice in what was called the Nuremberg Trials. The prosecutors that brought the Nazis to trials consisted of the four powers of the United States, Great Britain, France, and Russia (Britannica 1). The Nuremberg trials were basically a series of trials held in†¦show more content†¦The crimes committed were so severe that the tribunal could not allow the Nazis to walk away without facing some sort of punishment. Even though the laws were made ex post facto, the crimes committed by the Nazi leaders were crimes against hum anity, and those crimes should not have to be written down in any law books. Crimes committed against humanity should be understood to be wrong and if someone should break those laws, they should expect to be punished for what they commit, even though there was no written law. Stanley Milgram, a Yale psychologist, conducted a classic study obedience in which the participants were forced to either violate their conscience by obeying the immoral demands of an authority figure or to refuse those demands (Behrens 343). Milgrams study suggested that under a special set of circumstances the obedience we naturally show authority figures could transform us into agents of terror (343). His experiment showed that normal people could be influenced to the point of administering great amounts of pain on another human being, just because a person in a position of authority told them to do so (343). A theory that was reached as a result of Milgrams experiment was that it is easy to ignore resp onsibility when one is only an intermediate link in a chain of action (355). Milgrams results offer a possible explanation as to why the Nazis did what they did. Even thoughShow MoreRelatedThe War Of The World War II1408 Words   |  6 Pagesdifferent levels of the educational system most everyone has talked about the Second World War in great detail. The European and Pacific Theaters were the main focus of many historians and their writing, because war pertained to the audience of the time. WWII revolved around the idea of freedom and liberating the fascist governments of Europe, the homefront back in the states was the war machine that kept the war churning. Millions of pages have been written about the experiences and battles duringRead MoreThe War Of World War II1638 Words   |  7 PagesWorld War II was the most widespread war in history and it directly involved more than 100 million people from over 30 countries. This war lasted from 1939 to 1945. The war pinned the Axis nations which were Germany, Italy, Japan versus the Allied nations which were led by Britain and its Commonwealth nation, the Union of Soviet Socialist Republics and the United States. The Allies were victorious in the War. It was one of the most significant periods of time in the 20th century. The war resultedRead MoreThe War Of The World War II864 Words   |  4 Pagesgreat global conflict, the Second World War was the most extensive and lethal war in history, which involved more than 30 countries. It marked more than 50 million military and civilian deaths. Though dumbfounded by the events of December 7, Americans were also determined. President Roosevelt asked Congress to declare war against Japan On December 8. The declaration passed with just one rebel vote. After three days, Germany and Italy, connected with Japan, declared war on the United States. America wasRead MoreThe War Of The World War II1387 Words   |  6 Pagesevents that could bring so many people together whi le simultaneously tearing them apart-- World War II is one of those events. While the beginning is not set in stone, many will argue that the war all started with the unwarranted German attack on Poland in September of 1939. As tensions rose between countries, conflict began to swell. Over 20 countries were involved, and alliances were established. The war was fought between two major alliances; the Allied powers and the Axis powers. The Allied powersRead MoreThe War Of The World War II846 Words   |  4 Pageseffected the world is World War II. It is an event that will never be forgotten because of how many different countries were involved and how it affected the Jews as well. During the war, the United States started to put up posters to get people to join the army and there were other countries that convinced the people to invest money into the war. Without the propaganda and the use of artwork on posters and flyers that they used to influence people in the U.S. they may have n ever won the war. One of theRead MoreThe World Of World War II1371 Words   |  6 PagesWorld War II has been considered one of the worst things to ever occur in history. Violence, death and aggression took place in the 1930s and 1940s in certain European nations. German leader, Hitler played an important, yet a very big role during this time. With the rise and domination of fascism in Germany and Italy, the goal was to maintain peace, established by the Treaty of Versailles ended up in major disaster. World War II began with the poor economic conditions in Europe after World War IRead MoreThe World Of World War II1496 Words   |  6 PagesWorld War II was a global war that lasted from 1939 to 1945. It led to millions of deaths, and devastation across the world. Nazi Germany took control of many European countries, and Japan declared war on the United States. American soldiers were deployed and took action to protect the nation. The United States was in a constant limbo between being safe, and havin g war on its doorstep. Life for citizens, in the United States and other countries, was affected tremendously by the war, and has shapedRead MoreWorld War II1478 Words   |  6 PagesFrom the beginning Of World War II in 1939 until the end in 1945, the battles between the Allied and Axis powers were violent and caused great destruction. It became a world dispute after the attack on Pearl Harbor. From then on, countries such as the United States, France, Germany, Japan, the Soviet Union, and many others fought vigorously until a victory was achieved. World War II officially began after Japan attacked Pearl Harbor and the United States declared war. The war was made up of a seriesRead MoreThe War Of World War II Essay1323 Words   |  6 PagesSince its end, World War II has been talked about extensively by historians. The lead up to the war, the war itself, and the events after the war have contributed to why the war has been so popular among historians. The unique way the war was f ought and the way the war altered the course of history has intrigued historians. Up until World War II, civilians had generally been off limits in war. While you could cause as much carnage as you wished on the battlefield against soldiers, killing civiliansRead MoreThe War Of World War II1348 Words   |  6 PagesWorld War II was fought between two powers; the axis and the allied powers. The axis powers consisted of Germany, Italy, Japan, Hungary, Romania, and Bulgaria while the allied powers consisted of U.S., Britain, France, USSR, Australia, Belgium, Brazil, Canada, China, Denmark, Greece, Netherlands, New Zealand, Norway, Poland, South Africa, and Yugoslavia. While the United States Armed Forces were deployed in other parts of the world, the ones back home were facing the struggles of a war they had no

Exam Answers on EU Law - Free Essay Example

Sample details Pages: 12 Words: 3592 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? (a)The UK Parliament wishes to challenge the draft Directive on the basis that it infringes the principle of subsidiarity. The UK Parliament has a system of scrutiny committees that are responsible to review the proposal established by the EU Commission. In the given scenario, the draft Directive touches on the area of à ¢Ã¢â€š ¬Ã‹Å"Research, Technological Development and Spaceà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "Exam Answers on EU Law" essay for you Create order According to Article 4 of Lisbon Treaty, the EU and Member States have shared competence in this field, but paragraph 3 further stipulates that the exercise of the EUà ¢Ã¢â€š ¬Ã¢â€ž ¢s competence in this field does not limit the competence of the Member States. Therefore, the scrutiny committees may issue a reasoned opinion on the basis that the draft Directive has infringed the principle of subsidiarity set out in Article 5(3) of the Lisbon Treaty of European Union. According to Article 6 of Protocol 2, the UK committees must issue the reasoned opinion that oppose the draft Directive within eight weeks from the date of transmission.[1] Here, the draft Directive was established on 15 December 2012 and thus the deadline for the UK Parliament to issue the reasoned opinion will be 9 February 2013. It must be noted that, if at least one third of the national parliaments have given the reasoned opinion, it is considered as a à ¢Ã¢â€š ¬Ã‹Å"yellow cardà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the Comm ission can be required to review the draft Directive. However, in case of more than a simple majority, this is an orange card and this allows the European Parliament and the Council to reject the draft Directive before the first reading.[2] (b)The German Association of University Professors and Lecturers (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"the associationà ¢Ã¢â€š ¬Ã¢â€ž ¢) wishes to challenge the regulation, in order for it to be declared invalid. There are two ways available: a direct action under Article 263 of the Treaty on the Functioning of the European Union (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"TFEUà ¢Ã¢â€š ¬Ã¢â€ž ¢); or an indirect action under Article 267 of TFEU. Direct Action under Article 263 In order to strike down the directive successfully under Article 263,[3] there are three procedural requirements: there is a legal act, the action is raised within the prescribed limit of two months and the applicant must have sufficient legal standing to init iate the action.[4] By virtue of Article 288 of the TFEU, a directive is a à ¢Ã¢â€š ¬Ã‹Å"legal actà ¢Ã¢â€š ¬Ã¢â€ž ¢ that fulfil the Article 263 requirement. We are told that the directive was adopted on 1 July 2013 and thus the latest date for the association to bring the action is 1 September 2013. Further, the association is a non-privileged applicant who has no automatic standing and thus it is necessary for the association to satisfy that the adopted Directive is of both the direct and individual concern to them.[5] Nevertheless, as shown in the Salamander case, it may be extremely difficult for a non-privileged applicant to prove that a directive is of direct concern to him.[6] According to Plaumann, it is likely that the directive casts no individual concern to the association as they cannot be differentiated from the other researchers.[7] Thus, the action under Article 263 looks unlikely materialise to the association. Indirect Action under Article 267 Alternativel y, under Article 267, the association may have to be a party to an action in a national court and the court would have discretion as to whether or not to make a reference on this issue to the CJEU. According to Rau v BALM, the facts that the association has no standing under Article 263 would not affect their ability in bring an Article 267 action.[8] But it is still not advisable for the association to bring an action under Article 267 as it has been pointed out by Advocate General Jacobs in UnioÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢n de PequenÃÆ'ŒÆ’os Agricultores that it is wrong to expect someone to à ¢Ã¢â€š ¬Ã‹Å"breach the law in order to gain access to justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢.[9] (c)Professor Moltisanti wishes to bring an action against Italian government for its failure to implement the directive. There are two actions available to him: the doctrine of direct effect; or the Francovich principle. The Doctrine of Direct Effect According to the leading case of V an Gen den Loos, in order for directive to give rise to direct effects, certain criteria has to be satisfied.[10] First of all, as shown in Ratti, the court held that the applicant is only allowed to rely on a directive that the deadline for implementation has been expired.[11] On the facts, the grant scheme runs from July 2014, this indicates that the deadline for transposition (1 November 2013) has already expired and thus Professor Moltisanti may be able to rely on the directive directly in the court. Next, in Marshall v Southampton SW Hampshire AHA, it was held that a directive could be invoked vertically against a public body.[12] In the other words, Professor Moltisanti can rely on the directive vertically against the Italian government. Francovich Principle On the other hand, an alternative way that available for Professor Moltisanti is the principle established in the Francovich case that a right to damages against the member states is available to individuals if t hey have suffered loss as a result of the member stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement a directive.[13] This principle is further developed Factortame, where the court laid down the criteria in replying the Francovich principle that there must be a sufficiently serious breach and direct causal link can be established between the breach and the loss suffered by the individual.[14] Applying this to the facts, the failure to implement the directive is automatically a sufficiently serious breach within the SchoÃÆ'ŒË† ppenstedt[15] formula and it is clearly that the Italian governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the directive makes Professor Moltisanti lost the opportunity to gain support under the scheme. Therefore, it is likely that he may seek redress under the Francovich principle. Introduction The statement suggests that the principle of supremacy of EU law is merely a myth originated from the Court of Justice case law, where in fact th e national courts have constantly challenged on this concept. In this essay, we will deal with the principle of supremacy of EU law from both the Court of Justice and national courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ perspectives and argue that the given statement is correct in the context that the supremacy principle enunciated by the Court of Justice is itself fictional and its application in the national courts is not absolute. The Principle of Supremacy of EU law from the Court of Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢s Perspective When a State joins the European Union, it is considered that there will be a transfer of sovereignty for certain specific areas of policy from the state to the community. Nevertheless, the community treaty does not contain specific reference in the relationship between the EU law and national law and this leads to a situation where both law are in conflict. Not surprisingly, the Court of Justice (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢, previo usly known as the à ¢Ã¢â€š ¬Ã‹Å"European Court of Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"ECJà ¢Ã¢â€š ¬Ã¢â€ž ¢) is on the view that the EU law must prevail in such conflict. The court took its first step in preserving the uniformity of application of EU law among the Member States in the landmark case of Van Gend en Loos.[16] The stance was affirmed in Costa v ENEL, where the ECJ held that the community has à ¢Ã¢â€š ¬Ã‹Å"created its own legal system which became an integral part of the legal systems of the Member States and which their courts are bound to applyà ¢Ã¢â€š ¬Ã¢â€ž ¢.[17] The ECJ further added force to the supremacy principle in the Simmenthal case, where it held that the national courts must set aside the national law if it is in conflict with the community law.[18] At this point, it can be argued that the supremacy principle established by the CJEU is à ¢Ã¢â€š ¬Ã‹Å"fictionalà ¢Ã¢â€š ¬Ã¢â€ž ¢ as it merely requires a disapplication of national law. In Factortam e, the ECJ made clear that if there is a dispute between the national law and the community law, the national courts must set aside its national law, instead on striking down the provision as ultra vires.[19] Furthermore, the supremacy principle from the CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective is not absolute and this was shown in the Asda Stores case in which the ECJ had forfeited the EU supremacy and applied the conflicting national law. [20] On the other hand, because of the wide variation of the constitutional background between the member states, the national courts have responded differently in interpreting the supremacy principle into their own legal system. The Principle of Supremacy of EU law from the National Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Perspectives There are mainly two approaches to the incorporation of EU law by the national courts, namely monist or dualist approaches. Monistic Theory In monist States, such as Belgium and France, all law is treated equally, it is not necessary for an international law to be implemented into national law and the national courts can apply the law Dualistic Theory For states with a dualist system, such as Germany and United Kingdom, international law and national law are considered to be fundamentally distinct. This means that international law cannot be directly applied by the national courts but requires the translation into the national law. As to give a clearer analysis, we will deal with the legal system of the member states separately: Belgium Belgium provides a good example of acceptance of the supremacy of EU law based upon reasoning which is closest to that employed by the ECJ itself.[21] Even though there has no provision in the Belgian Constitution that supports the supremacy of EU law, the Belgian Court demonstrated its willingness to accord the supremacy principle in Le Ski case. In this case, it was held that if there is a conflict between the Belgian Constitution and a provision u nder EU treaty that imposes direct effect in the national legal system, the EU law prevails.[22] Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the Belgian courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? It is submitted that Belgium manages the supremacy principle of EU law with relatively ease. Can this be argued that as an evidence of the supremacy principle? Bribosa commented on this issue that the approach taken by the court was actually a consideration of Kompetenz-Kompetenz (competence-competence) doctrine but rather than the ruling of ECJ.[23] In other words, instead of treating that the EU law is superior to the Belgian law, it may be more appropriate to recognise that the Belgian courts has sought to emerge the new community rule with its established domestic legal framework. France In France, the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s willingness to accord the supremacy of EU law was shown in the Administration des Douanes case[24], wh ere it was held that by virtue of Article 55 of the French Constitution, if there is a conflict between national law and a ratified international treaty, the latter should be give precedence over the former.[25] This approach was only affirmed in Nicolo case[26] where the court suggested that Article 55 enables the courts to review the validity of French legislation with the EU provisions and thus the community law should be given precedence over the national law. Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the French courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? Even though the French courts have recognised the supremacy of EU treaty, it is arguable that the supremacy of EU law in the context of French jurisdiction is not absolute. The Constitutional Council had made it clear in the reasoned Decision given on 9 April 1992 Maastricht I[27] that France could derogate its sovereignty to the Union, only if the particular community rule is not contradictory to the French Constitution and will not violate the exercise of national sovereignty.[28] Such reasoning can be regarded as putting a limitation to Franceà ¢Ã¢â€š ¬Ã¢â€ž ¢s acceptance of supremacy and thus it may casts ambiguity on the supremacy principle that derived from the CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢s ruling. Germany In Germany, the EU supremacy principle is shaped with the terms of Article 23 of the German Basic Law. In Internationale Handelsgesellschaft mbH v EVGF (Solange I), the Federal Constitutional Court held that although Article 23 allowed the transfer of legislative power to EU law, the German Constitution would still take priority over the EU treaty if the community has not removed the possible conflict of norms between EU law and the fundamental rights provision under the German Constitution.[29] However, having considered the development of fundamental rights doctrine by the ECJ, the position has been altered in the case of Re Wuensche Handel sgesellschaft (Solange II), where it held stated that the court would no longer review EU provision in light of the German Constitution.[30] Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the German courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? By observing the change of attitude of Federal Constitutional Court in adopting the supremacy principle, it is likely that the ECJà ¢Ã¢â€š ¬Ã¢â€ž ¢s wish that the EU law should prevail over national law may be fulfilled. However, in has been made clear in Brunner v European Union Treaty the supremacy of EU law within German jurisdiction is not unconditional, the EU law will be applied only because the national law says it does. [31] Therefore, it may not be appropriate to say that the EU law is supreme over German domestic law because the German courts have not surrendered Germany sovereignty but merely fulfil the obligations of EU membership.[32] United Kingdom The situation becomes more complicated in the UK jurisdiction because of its doctrine of Parliamentary Sovereignty. As a dualist states, the EU treaty will only have effect in the UK legal system with the incorporation of UK Act. This led to the publication of the European Communities Act 1972 (hereinafter referred to as à ¢Ã¢â€š ¬Ã‹Å"ECA 1972à ¢Ã¢â€š ¬Ã¢â€ž ¢), whereby it incorporates the EU provisions into the English legal system. In R v Secretary of State for Transport, ex parte Factortame, Lord Bridge stated that it had à ¢Ã¢â€š ¬Ã‹Å"always been clear that it was the duty of a United Kingdom court when delivering final judgment, to override any rule of national law found to be in conflict with any directly enforceable rule of Community lawà ¢Ã¢â€š ¬Ã¢â€ž ¢.[33] Nevertheless, it must be noted that, the effect of this case would not actually nullify the existing UK legislation and this indicates that the UK national law is still superior to the EU law. Is the Supremacy of EU law over national law a fantasy of the Court of Justice with reference to the British courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s perspective? It is arguable that the EU law does not take precedence over the UK law since the community legislation may only be effective within the UK legal system with the incorporation of ECA 1972. Such approach has been adopted by Lord Justice Laws in the case of Thoburn v Sunderland City Council, where he pointed out that the relationship between the UK and the EU depends on UK law, not EU law. [34] Conclusion According to Maduro, à ¢Ã¢â€š ¬Ã‹Å"the acceptance of the supremacy of EU rules over national constitutional rules has not been unconditionalà ¢Ã¢â€š ¬Ã¢â€ž ¢.[35] It is apparent from the discussion above, despite the distinction between monistic and dualist system, the application of EU law under the national legal framework is ultimately influenced by the national law. Therefore, it might be true that the supremacy principle is a fantasy of the CJEU. However, notwithsta nding talk of any legal fiction, it can be observed from the case law that the national courts do give effect to supremacy of EU law. The fact that EU law has been consistently and uniformly applied in the member statesà ¢Ã¢â€š ¬Ã¢â€ž ¢ courts today creates no real dispute over the application of supremacy principle in practice. Question: Word length: (2) 1129 (4) 1999 TOTAL 3128 Bibliography Tables of cases EU Cases Aktien-Zuckerfabrik SchoÃÆ'ŒË† ppenstedt v Council (5/71) [1971] ECR 975 Amministrazione delle Finanze dello Stato v Simmenthal (106/77) [1978] ECR 629 Brasserie du PeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã… ¡cheur/Factortame III (C-46/93 48/93) [1996] ECR I-1029 Consorzio del Prosciutto di Parma and Another v Asda Stores Ltd and Another (C-108/01) [2003] ECR I-5121 Costa v ENEL (6/64) [1964] ECR 585 Francovich v Italy Republic (6/90) [1991] ECR I-5357 Marshall v Southampton and South West Hampshire AHA (271/91) [1993] ECR I-4367 Ministero Pubblico v Ratti (148/78) [1979] ECR 1629 P UnioÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢n de PequenÃÆ'ŒÆ’os Agricultores v Council (C-50/00) [2002] ECR I-6677 Plaumann Co v Commission (25/62) [1963] ECR 95 Rau v Bundesanstalt fuÃÆ'ŒË† r Landswirtschaftliche Marktordnung (C-133/85) [1987] ECR-2289 Salamander and others v European Parliament and Council (T-172 175-177/98) [2000] ECR II- 2 487 R v Secretary of State for Transport, ex parte Factortame Ltd and Others (C-213/89) [1990] ECR 2433 Van Gend en Loos v Nederlandse Administratie der Belastingen (26/62) [1963] ECR 1 Belgian Case Minister for Economic Affairs v SA Fromagerie Franco-Suisse à ¢Ã¢â€š ¬Ã‹Å"Le Skià ¢Ã¢â€š ¬Ã¢â€ž ¢ [1972] CMLR 330 French Cases Administration des Douanes v SocieÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢teÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢ CafeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢s Jacques Vabre J. Weigel et Cie. SARL [1975] 2 CMLR 336 Raoul Georges Nicolo and another [1990] 1 CMLR 173 German Cases Brunner v European Union Treaty [1994] 1 CMLR 57 Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle fÃÆ' ¼r Getreide und Futtermittel [1974] 2 CMLR 540 WÃÆ' ¼nsche handelsgesellschaft,Re [1987] 3 CMLR 225 United Kingdom Cases Thoburn v Sunderland City Council [2003] QB 151 R v Secretary of State for Transport, ex parte Factortame [1991] AC 603 Table of Legislation EU Legislation Consolidated Version of the Treaty on European Union [2008] OJ C115/13, art 4 Consolidated Version of the Treaty on European Union [2008] OJ C115/13, art 5 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 263 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 264 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 267 Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 288 Protocol (No.2) on the Application of the Principle of Subsidiarity and Proportionality [2010] OJ C 83/206, Art 6 Protocol (No.2) on the Application of the Principle of Subsidiarity and Proportionality [2010] OJ C 83/206, Art 7 French Legislation Conseil Constitutionnel, decision n.92-308 DC of 9 April 1992, Treaty of Maastricht I French Constitution, art 55 German Legislati on Basic Law, art 24 United Kingdom Legislation European Communities Act 1972 Secondary Sources Books Chalmers D, Davies G and Monti G, European Union Law (3rd edn, Cambridge University Press 2014) Hartley T, European Union Law in a Global Context: Text, Cases and Materials (Cambridge University Press 2004) Articles Benvenisti E and Downs G, à ¢Ã¢â€š ¬Ã‹Å"The Premises, Assumptions, and Implication of Van Gend en Loosà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2014] 25 EJIL 85 Martinoco G, à ¢Ã¢â€š ¬Ã‹Å"Is the European Convention going to be à ¢Ã¢â€š ¬Ã‹Å"supremeà ¢Ã¢â€š ¬Ã¢â€ž ¢? A Comparative-constitutional overview of ECHR and EU law before national courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] EJIL 401 Maduro M, à ¢Ã¢â€š ¬Ã‹Å"Interpreting European Law: Judicial Adjudication in a Context of Constitutional Pluralismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2007]1 EJLS 2 Electronic Sources Craig P, à ¢Ã¢â€š ¬Ã‹Å"The ECJ, National Courts and the Supremacy of Community Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.ecln.net/elements/conferences/bookrome/craig.pdf accessed 29 December 2014 1 [1] Protocol (No.2) on the Application of the Principle of Subsidiarity and Proportionality [2010] OJ C 83/206, art 7. [2] Ibid, art 6. [3] Consolidated Version of the Treaty on the Functioning of the European Union [2008] OJ C115/47, art 264. [4] Ibid, art 263. [5] Ibid. [6] Joined Cases T-172 175-177/98 Salamander and others v European Parliament and Council [2000] ECR II- 2487. [7] Case 25/62 Plaumann Co v Commission [1963] ECR 95. [8] Case C-133/85 Rau v Bundesanstalt fuÃÆ'ŒË† r Landswirtschaftliche Marktordnung [1987] ECR-2289. [9] Case C-50/00 P UnioÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢n de PequenÃÆ'ŒÆ’os Agricultores v Council [2002] ECR I-6677, Opinion of AG Jacobs, paras. 41-9. [10] Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen [1963] ECR 1. [11] Case 148/78, Ministero Pubblico v Ratti [1979] ECR 1629. [12] Case 271/91, Marshall v Southampton and South West Hampshire AHA [1993] ECR I-4367 . [13] Case 6/90 Francovich v Italy Republic [1991] ECR I-5357. [14] Joined Cases C-46/93 48/93 Brasserie du PeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã… ¡cheur/Factortame III [1996] ECR I-1029. [15] Case 5/71 Aktien-Zuckerfabrik SchoÃÆ'ŒË† ppenstedt v Council [1971] ECR 975. [16] Van Gend en Loos (n 10). [17] Case 6/64 Costa v ENEL [1964] ECR 585, 593. [18] Case 106/77 Amministrazione delle Finanze dello Stato v Simmenthal [1978] ECR 629, 21. [19] Case C-213/89 R v Secretary of State for Transport, ex parte Factortame Ltd and Others [1990] ECR 2433. [20] Case C-108/01 Consorzio del Prosciutto di Parma and Another v Asda Stores Ltd and Another [2003] ECR I-5121. [21] Paul Craig, à ¢Ã¢â€š ¬Ã‹Å"The ECJ, National Courts and the Supremacy of Community Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.ecln.net/elements/conferences/bookrome/craig.pdf accessed 29 December 2014. [22] Eyal Benvenisti and George Downs, à ¢Ã¢â€š ¬Ã‹Å"The Premises, Assumptions, and Implication of Van Gend en Loosà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2014] 25 EJIL 85, https://www.ejil.org/pdfs/25/1/2477.pdf accessed 9 January 2014, citing Minister for Economic Affairs v SA Fromagerie Franco-Suisse à ¢Ã¢â€š ¬Ã‹Å"Le Skià ¢Ã¢â€š ¬Ã¢â€ž ¢ [1972] CMLR 330, 347. [23] Paul (n 21), citing H Bribosia, à ¢Ã¢â€š ¬Ã‹Å"Report on Belgiumà ¢Ã¢â€š ¬Ã¢â€ž ¢, in A-M Slaughter, A Stone Sweet and J H H Weiler (eds), The European Court and National Courts, Doctrine and Jurisprudence (Oxford: Hart Publishing 1998) p.21-22. [24] Paul (n 21), citing Administration des Douanes v SocieÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢teÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢ CafeÃÆ'Å’Ã ¢Ã¢â€š ¬Ã¢â€ž ¢s Jacques Vabre J. Weigel et Cie. SARL [1975] 2 CMLR 336. [25] Paul (n 21). [26] Raoul Georges Nicolo and another [1990] 1 CMLR 173, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/french/case.php?id=1440 accessed 9 January 2014. [27]Conseil Constitutionnel, decision n.92-308 DC of 9 A pril 1992, Treaty of Maastricht I, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/french/case.php?id=998 accessed 9 January 2014. [28] Giuseppe Martinoco, à ¢Ã¢â€š ¬Ã‹Å"Is the European Convention going to be à ¢Ã¢â€š ¬Ã‹Å"supremeà ¢Ã¢â€š ¬Ã¢â€ž ¢? A Comparative-constitutional overview of ECHR and EU law before national courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] EJIL 401. [29] Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle fÃÆ' ¼r Getreide und Futtermittel [1974] 2 CMLR 540, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/german/case.php?id=588 assessed 9 January 2014. [30] Re WÃÆ' ¼nsche handelsgesellschaft [1987] 3 CMLR 225, 265, as translation can be found in https://www.utexas.edu/law/academics/centers/transnational/work_new/german/case.php?id=572 assessed 9 January 2014. [31] Brunner v European Union Treaty [1994] 1 CMLR 57, as translation c an be found in https://www.ecln.net/documents/Decisions-Germany/summary-maastricht.pdf assessed 9 January 2014 [32] Trevor Hartley, European Union Law in a Global Context: Text, Cases and Materials (Cambridge University Press 2004) 159. [33] [1991] AC 603 (HL) 658. [34] [2003] QB 151, 69. [35] Miguel Maduro, à ¢Ã¢â€š ¬Ã‹Å"Interpreting European Law: Judicial Adjudication in a Context of Constitutional Pluralismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2007]1 EJLS 2.