IDEAS home Printed from https://ideas.repec.org/p/erp/jeanmo/p0184.html
   My bibliography  Save this paper

The European Court of Justice and the International Legal Order after Kadi

Author

Listed:
  • Grainne de Burca

Abstract

Abstract: This article examines the response of Europe’s courts – and in particular of the EU’s Court of Justice (ECJ) - to the dramatic challenges recently brought before them against the UN Security Council’s anti-terrorist sanctions regime. The ECJ in Kadi annulled the EC’s implementation of the Security Council’s asset-freezing resolutions on the ground that they violated EU norms of fair procedure and property-protection. Although Kadi is a remarkable judgment in many ways and has been warmly greeted by most observers, I argue that the robustly pluralist approach of the ECJ to the relationship between EU law and international law in Kadi represents a sharp departure from the traditional embrace of international law by the European Union. Resonating in certain striking ways with the language of the US Supreme Court in the Medellin case, the approach of the ECJ in Kadi carries risks for the EU and for the international legal order in the message it sends to the courts of other states and organizations contemplating the enforcement of Security Council resolutions. More importantly, the ECJ’s approach risks undermining the image the EU has sought to create for itself as a virtuous international actor which maintains a distinctive commitment to international law and institutions.

Suggested Citation

  • Grainne de Burca, 2009. "The European Court of Justice and the International Legal Order after Kadi," Jean Monnet Working Papers 1, Jean Monnet Chair.
  • Handle: RePEc:erp:jeanmo:p0184
    as

    Download full text from publisher

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/09/090101.html
    File Function: Contents/abstract
    Download Restriction: no

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/090101.pdf
    File Function: Part of text
    Download Restriction: no

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:jeanmo:p0184. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Charlie Pike). General contact details of provider: http://www.jeanmonnetprogram.org/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.