International Law and European Law

Forum 5: International and EU Law

European law has started as ‘a new legal order of international law’ (Case 26/62 Van Gend). Since then tendencies to emancipate and even isolate EU law from the wider body of international law have been undeniable. This panel will address not only the specifics of EU law. It will also deal with the still unsettled relationship between EU law and international law. Is the EU system ‘monist’ or ‘dualist’? Is EU law akin to national law from an international law perspective or should it be regarded as a treaty-based subset of regional norms? What are the legal implications of treaties concluded by all or some member states for the EU? Is the Union held to respect customary international law? Are there other grounds leading to the international responsibility of the EU? Seemingly theoretical questions can have highly practical implications. Recent EU litigation such as the Kadi saga has provided ample illustration of this development. The panel on international law and EU law will go beyond Kadi in exploring the relationship.