International Law and EU Law: Between Asymmetric Constitutionalisation and Fragmentation

with lunch from 12.30 in the foyer of the Institute of European and Comparative Law.

The talk considers recent cases of the Court of Justice of the EU involving international law (Kadi, Fiamm and Fedon and Intertanko) and examines the approach of the Court vis-a-vis general international law. It finds evidence for a more restrictive approach of the Court of Justice to international law. It examines the reasons for such an approach, its consequences, in particular in regard to the development of international law as a whole, and proposes how to minimise the negative impact of divergent approaches (the fragmentation of international law).