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International law as law of the EU

The role of the European Court of Justice
Authors: Eckes, C.;

International law as law of the EU

Abstract

Lately, the Court of Justice has been harshly criticised for having unduly restricted the effects of international law within the European legal order. Cases such as Van Parys, Kadi, Mox Plant, Intertanko, and Commune de Mesquer have led scholars to argue that the Court of Justice is becoming less international law friendly. This brings interesting questions to the fore: has the case-law changed? And if there is a change, is this change due to a different attitude of the Court of Justice towards international law? What factors could have influenced the recent decisions of the Court of Justice? This working paper addresses these questions. It analyses the Court’s recent decisions concerning international law, contrasts them with earlier rulings and places them in the broader context of the Court’s understanding of the European legal order. The analysis leads to a more nuanced conclusion. The Court’s attitude towards international law cannot easily be placed on a one dimensional scale of ‘international law friendliness’. Finally, four observations are made on what might have influenced the Court’s rulings in recent years.

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Netherlands
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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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