The approach of the CJEU to international law: towards a context-specific approach

Eva Kassoti and Graham Butler

Chapter 15 in Understanding the EU as a Good Global Actor, 2022, pp 261-276 from Edward Elgar Publishing

Abstract: The chapter revisits the terms under which the debate on the CJEU's openness to international law is currently conducted, within the framework of assessing the 'good global actorness' of the Union. The main argument advanced is that recent judgments of the CJEU attest to the need to move beyond the 'openness/hostility' debate, and to engage in more detail with the CJEU's actual use of the relevant law. The chapter argues in favour of a context-specific approach, namely one that focuses on the actual circumstances, issues under consideration, and the normative and interpretative choices faced by the CJEU in given cases. The chapter proceeds to analyse a number of contextual factors that may influence the Court's receptiveness to international law. It concludes with a call to develop more nuanced tools and frameworks that reflect how the CJEU actually interpret and apply international law in practice.

Keywords: Economics and Finance; Environment; Law - Academic; Politics and Public Policy Sustainable Development Goals (search for similar items in EconPapers)
Date: 2022
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