Download This PaperInternational Law and EU Law: Between Asymmetric Constitutionalisation and Fragmentation
RESEARCH HANDBOOK ON THE THEORY OF INTERNATIONAL LAW, Chapter 10, pp. 268-327, Alexander Orakhelashvili, ed., Cheltenham, Edward Elgar, 2011
63 Pages Posted: 24 Nov 2011
Date Written: November 23, 2011
Abstract
The chapter considers recent cases of the Court of Justice of the EU involving international law and examines the approach of the Court vis-a-vis general international law. It finds evidence for a more assertive approach of the Court of Justice to the detriment of the development of international law as a whole and proposes how to minimise the negative impact of diverging approaches.
Keywords: EU law and international law, internationalisation of EU law, Europeanisation of International Law, fragmentation of international law, legal pluralism, Kadi, Intertanko, FIAMM
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