‘A New Legal Order of International Law’: On the Relationship between Public International Law and European Union Law after Kadi

2011 ◽  
pp. 1004-1023 ◽  
Author(s):  
Horst G Krenzler ◽  
Oliver Landwehr
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
European Union Law ◽  
Public International Law ◽  
The Relationship

The Descriptive Value of Legal Monism

2018 ◽  
Author(s):  
Paul Gragl
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
European Union Law ◽  
Pure Theory ◽  
Public International Law ◽  
The Real ◽  
Precise Analysis ◽  
Theory Of Law ◽  
Better Than

The aim to defend legal monism requires more than just mere epistemology, as sceptics might argue that monism is incapable of describing the real legal world and the law as it is. Consequently, this part offers a precise analysis as to whether two or more distinct bodies of law blend into a unitary legal order or whether they evade such integration. Thus, it will assess the assumptions of the pure theory of law, and in particular those of legal monism, namely between national law and public international law; and between national law and European Union law. The objective of this assessment is to show whether monism is in fact capable of describing the legal reality as well as or even better than dualism or pluralism.

Two Legal Orders: Divergent or Convergent?

1999 ◽  
Vol 48 (2) ◽  
pp. 257-284 ◽  
Author(s):  
Eileen Denza
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
The European Union ◽  
European Union Law ◽  
Public International Law ◽  
European Court ◽  
Effective System ◽  
Ec Law ◽  
Treaty Of Amsterdam

The conclusion of the Treaty of Amsterdam and its progress through the ratification procedures of the 15 member States of the European Union provides an occasion to re-examine a familiar question. What is meant by the claim by the European Court of Justice that the European Com-munity Treaties have created “a new legal order of international law”1 or, more radically, “a new legal order”?2 Is EC law to be regarded as a particularly effective system of regional international law, or has it been created as, or mutated into, an entirely new species of law? If there are indeed two legal orders, to what extent are they still capable of cross-fertilisation? What about “European Union law”? Have the Treaty on European Union and now the Treaty of Amsterdam eroded the dichotomy between the two legal orders of public international law and EU law? Is public international law itself taking on some of the characteristics which have made EC law an attractive as well as an effective system for regulating relations between sovereign States? Are the two streams converging?

Regulating Vessel Discharges on the International and EU Level

2021 ◽  
Vol 3 (3-4) ◽  
pp. 1-81
Author(s):  
Alexander Proelss ◽  
Valentin J. Schatz
Keyword(s):  
European Union ◽  
International Law ◽  
Ballast Water ◽  
European Union Law ◽  
Legal Requirements ◽  
Public International Law ◽  
Rules And Principles ◽  
The Individual ◽  
Domestic Law ◽  
Different Levels

Abstract This study analyzes the legal requirements concerning discharges from ships, a matter that is characterized by a considerable degree of complexity. This complexity results, inter alia, from the highly technical nature of the applicable norms, but also from the fact that the relevant rules and principles are prescribed in a wide and often overlapping variety of instruments on different levels of law, namely public international law, European Union law (where applicable) and domestic law. Taking into account that the individual legal instruments within these sub-systems of law significantly differ in their spatial and substantive scopes and regulatory approaches, a risk of conflicts of norms exists both from a vertical (i.e., between different levels of law) and horizontal (i.e., between different instruments on the same level of law) perspective. This situation gives rise to legal uncertainties, which may ultimately threaten the lawful and effective application and implementation of the relevant norms. This study attempts to clarify the existing uncertainties and to suggest harmonized interpretations and applications of the pertinent rules and principles. It does not address the issue of pollution from ships in general, but focuses on three specific categories of vessel discharges, namely scrubber washwater, sewage and ballast water.

Contexts of Transnational Law

2019 ◽  
pp. 869-897 ◽  
Author(s):  
Uwe Kischel
Keyword(s):  
European Union ◽  
South America ◽  
International Law ◽  
Legal System ◽  
General Level ◽  
Legal Systems ◽  
Technical Approach ◽  
European Union Law ◽  
Public International Law ◽  
Transnational Law

This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.

Enforcement Actions

2018 ◽  
Author(s):  
Luca Prete
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Resolution ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Public International Law ◽  
Court Of Justice ◽  
Legal Procedures ◽  
The Eu

The enforcement of EU law on non-compliant national authorities has, at its heart, infringement proceedings brought pursuant to Articles 258 to 260 TFEU. That focus is embedded in the scheme of the EU Treaties. In that regard, infringement proceedings are a particular feature of the EU legal order. As the Court of Justice stated in one of its first cases, ‘it is a procedure far exceeding the rules heretofore recognized in classical international law, to ensure that obligations of States are fulfilled’. Indeed, under the rules of public international law, there is no obligation to settle disputes or to establish formal and legal procedures for dispute resolution, which, where they exist, always depend on the consent of the parties concerned. By contrast, the jurisdiction of the Court in cases of EU law infringements by Member States is compulsory and constitutes a corollary to membership in the European Union.

scholarly journals A Relação entre Direito Comunitário e Direito Internacional Regional – A Adesão da União Europeia à Convenção Europeia de Direitos Humanos

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Iris Saraiva Russowsky
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Regional Integration ◽  
Lisbon Treaty ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Relationship

Resumo: O presente trabalho busca analisar a relação entre direito comunitário e o direito internacional a partir da integração regional ocorrida na União Europeia. Busca-se analisar a viabilidade da adesão da União Europeia à Convenção Europeia de Direitos Humanos (CEDH), levando-se em conta, principalmente, a atuação do Tribunal de Justiça da União Europeia (TJUE) e a reformulação ocorrida no bloco com o Tratado de Lisboa (2009). Palavras-chave: Direito Comunitário; Direito Internacional; União Europeia; Adesão à CEDH. Abstract: This study aims to analyze the relationship between European Union law and international law from the regional integration occurred in Europe. It analyzes the viability of the European Union's adherence to the European Convention of Human Rights (ECHR), taking into account mainly the work of the Court of Justice of the European Union (CJEU) and the reformulation occurred in the block before the Lisbon Treaty (2009).  Keywords: European Union Law; International Law; European Union; Adherence to European Convention of Human Rights.

Foreign Affairs Federalism in the European Union

2019 ◽  
pp. 331-351
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
Foreign Affairs ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Treaty Of Rome ◽  
Formed Part ◽  
Mixed Agreements

The European Union was born as an international organization. The 1957 Treaty of Rome formed part of international law, although the European Court of Justice was eager to emphasize that the Union constitutes “a new legal order” of international law. With time, this new legal order has indeed evolved into a true “federation of States.” Yet how would the foreign affairs powers of this new supranational entity be divided? Would the European Union gradually replace the member states, or would it preserve their distinct and diverse foreign affairs voices? In the past sixty years, the Union has indeed significantly sharpened its foreign affairs powers. While still based on the idea that it has no plenary power, the Union’s external competences have expanded dramatically, and today it is hard to identify a nucleus of exclusive foreign affairs powers reserved for the member states. And in contrast to a classic international law perspective, the Union’s member states only enjoy limited treaty-making powers under European law. Their foreign affairs powers are limited by the exclusive powers of the Union, and they may be preempted through European legislation. There are, however, moments when both the Union and its states enjoy overlapping foreign affairs powers. For these situations, the Union legal order has devised a number of cooperative mechanisms to safeguard a degree of “unity” in the external actions of the Union. Mixed agreements constitute an international mechanism that brings the Union and the member states to the same negotiating table. The second constitutional device is internal to the Union legal order: the duty of cooperation.

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