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GGS Working Paper Series: Worlds Apart? Comparing the Approaches of the European Court of Justice and the EU Legislature to International Law

The Leuven Centre for Global Governance Studies has posted GGS Working Paper No.96: J. Wouters, J. Odermatt & T. Ramopoulos, Worlds Apart? Comparing the Approaches of the European Court of Justice and the EU Legislature to International Law.  Here is the abstract:

This paper examines and compares the approaches taken by the European Court of Justice and the EU legislature towards international law. Although the Court and legislature are tasked with different roles, such a comparison is warranted, especially since many of the complex legal problems facing the EU regarding international law in recent years have arisen in part due to a growing divergence between the two approaches. We begin by looking at the EU Treaties. Although little guidance is given on how international law is to be applied within the EU legal order, the Treaties are not entirely silent. Numerous references to international law and multilateralism, especially those included post-Lisbon, guide the Court and the legislature, helping to minimise inconsistencies between their approaches. We examine the Court’s approach to international law, which, especially in the light of recent case law, is much less ‘open’ than it is often portrayed. It stands in some contrast to that of the legislature, which shows greater willingness to take into account international law. We argue that the Court’s more guarded approach, often motivated by a desire to preserve the autonomy of EU law, is largely unwarranted. Rather, the Court should enter into a more open dialogue with international law, helping the EU to “contribute […] to the strict observance and the development of international law”, as prescribed by Article 3(5) TEU.

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Inaugural Workshop

Inaugural Workshop of the IG “The European Union as a Global Actor”5th ESIL Biennial Meeting – Valencia 13-15 September 2012

The EU Global Interest Group will gather for an inaugural workshop on Thursday 13 September 2012 at 9:30 am before the official start of the ESIL Biennial meeting. Our keynote speaker will be Professor Piet Eeckhout, one of the founding members of the IG, who will give a lecture on “The constitutionalization of European Foreign Policy”. After a debate on the ideas presented by Professor Eeckhout, we will have an opportunity to introduce ourselves and discuss future activities for the group. We are also planning an informal gathering for dinner on Wednesday 12 September 2012 at a nice restaurant. We will keep the group posted about the place and time of our dinner in Valencia.

Here is the programme of the Inaugural Workshop of the IG “The European Union as a Global Actor”

9:30 – Brief introduction to the aims of the IG by the founding members
10:00 – Welcome lecture on “The constitutionalization of European foreign policy”, Professor Piet Eeckhout, King’s College London, followed by discussion
11:00 – Opportunity for members of the IG to introduce themselves and to discuss possible future activities of the group