ABSTRACT

The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive.

The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice.

The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union’s objective of ‘the strict observance and the development of international law’, the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.

part 1|41 pages

Kadi II of the European Union Court of Justice

chapter 2|15 pages

Kadieu: connecting the dots – from Resolution 1267 to Judgment C-584/10 P

The coming of age of judicial review

chapter 3|11 pages

Playing Chinese whispers

The Kadi II decision of the General Court of the European Union

part 2|45 pages

The legal theory perspective

chapter 6|14 pages

Kadi in sight of autopoiesis

chapter 7|15 pages

The intractably unknowable nature of law

Kadi, Kafka, and the law’s competing claims to authority

part 3|42 pages

The public international law perspective

chapter 8|13 pages

The Kadi II judgment of the Court of Justice of the European Union

Implications for judicial review of UN Security Council resolutions

chapter 9|13 pages

Kadi II

Backtracking from Kadi I?

part 4|83 pages

The constitutional law perspective

chapter 11|20 pages

Global counter-terrorism sanctions and European due process rules

The dialogue between the CJEU and the ECtHR

chapter 12|15 pages

The autonomy of EU law

A joint celebration of Kadi II and Van Gend en Loos

chapter 13|15 pages

Constitutional dimensions of administrative cooperation

Potentials for reorientation in Kadi II