This chapter examines the interaction between the Court of Justice of the European Union (‘CJEU’) and the International Court of Justice (‘ICJ’) in order to assess whether the European Union is a unifying or fragmenting source in international law. It proceeds on the basis that it is desirable to have harmony and compatibility among the case law of international courts, allowing for minor variations and tailoring of solutions to specific disputes. Instead of being a ‘shy disciple’ to the ICJ, the CJEU acts as a robust and independent court. It wishes to avoid fragmentation, but also has little incentive to engage in judicial dialogue to promote integration. This self-referential approach to autonomy can however be compatible with greater judicial dialogue.compatible with greater judicial dialogue.
|Title of host publication
|The EU and the Rule of Law in International Economic Relations:An Agenda for an Enhanced Dialogue
|Edward Elgar Publishing Ltd
|Number of pages
|Published - 1 Jan 2021