ABSTRACT

This chapter explores the relationship between Community law and international law by examining how key judgments of the Court of Justice of the European Union have defined judicial attitudes to the implementation of international legal obligations within the Community legal order. It examines how the Court has interacted with arguably the important source of international law, namely UN Resolutions, and whether, by being prepared to subject their application to the established principles and values of Community law, the Court is undermining its position as an international court. The chapter discusses uneasy relationship between the EU and the international legal order, and de Búrca questions whether after the Kadi judgment the EU can be considered as a 'good international citizen'. It concludes by examining whether, in the light of the Court's judgments, a principle of loyal co-operation between the EU and international law exists.