The EU: Unifying or fragmenting force in international law?

Philippa Webb*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

1 Citation (Scopus)

Abstract

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.

Original languageEnglish
Title of host publicationThe EU and the Rule of Law in International Economic Relations:An Agenda for an Enhanced Dialogue
PublisherEdward Elgar Publishing Ltd
Pages2-13
Number of pages12
ISBN (Electronic)9781839103353
ISBN (Print)9781839103346
Publication statusPublished - 1 Jan 2021

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