International Justice Journal has published an article by Senior partner Ilya Lifshits “International agreements of the EU Members with the third countries in the CJEU jurisprudence”.
The author analyzes the phenomenon of fragmentation of international law and selection of an international law norm to be applied in CJEU cases.
The Court contraposes the international obligations of the Member States in the external agreements and in the Founding Treaties and gives priority to the latter. At the same time the EU itself was established and has been functioning on the basis of a treaty and has several times confirmed its adherence to the international law. In several cases the CJEU held that the EU has to respect the international law and its legal norms shall be interpreted in the light of the latter.
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