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.
TABLE OF CONTENTS
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
chapter 3|11 pages
Playing Chinese whispers
part 2|45 pages
The legal theory perspective
chapter 7|15 pages
The intractably unknowable nature of law
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
part 4|83 pages
The constitutional law perspective