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This chapter focuses on the US military and includes an overview of the history of sexual violence in the US and the main narratives that emerge in media coverage of sexual violence in the US.
Chapter 5 looks closely into the notion of law of the Union established by the EAEU Treaty. It analyses the sources of law of the Union and proceeds with clarifying their hierarchy and legal force. It also analyses the place of direct applicability, direct effect and primacy in the EAEU pertaining to legal order autonomy. Eventually it turns to the provisions of Member States’ national legislation vis-à-vis EAEU law. The three founding Member States have been deeply involved in Eurasian integration. The process of drafting the EAEU Treaty required alignment with the generally recognised principles of international law, national legislation of Member States, taking into account international experience, but not the least with national constitutions. Therefore, in principle, tensions between the legal orders of the EAEU and its Member States should have been minimized from the outset. This chapter shows that it is not necessarily so in two case studies: Russia and Belarus. The former has had the most controversial encounters with external legal orders, including that of the EAEU, which was eventually ossified in the ensuing constitutional amendments in this regard. The latter has the strictest constitutional limitations, which have direct bearing on the EAEU legal order.
This chapter focuses on the Australian defence forces and includes an overview of the history of sexual violence in Australia and the main narratives that emerge in media coverage of sexual violence.
Chapter 1 sets the scene by exploring the concept of legal order autonomy, which is used in the following chapters as an analytical framework for the analysis of the EAEU legal order. The chapter gives an overview of the notions of autonomy and autonomous legal order in their various forms. It further takes the EU as an exemplar autonomous legal order, analyses its two dimensions – internal and external – and uses a literary reference to capture it. Further, given the prima facie interrelations between autonomy and supranationality, the chapter situates the latter in this context, which links to the exploration in Chapter 3 of the EAEU’s claim that it has established the first supranational institution in the region. As there is no single doctrine of legal order autonomy nor a definition thereof, the chapter develops a number of indicia of legal order autonomy to be used in the book to analyse the EAEU, and explains why indicia are preferred to criteria in this book. As the idea of a legal order autonomy is largely a judicial construct, it is presented as a particular narrative of its own.