Between a Rock and a Hard Place: The Court of Justice’s Judgment in Case Slovenia v. Croatia

Insight

Abstract: The Slovenia v. Croatia case (Court of Justice, judgment of 31 January 2020, case C-457/18) is a complex and politically charged one. Here, the Court of Justice was indirectly called upon to pronounce on the legal effects of an international arbitral award delimiting the territorial and maritime boundary between two Member States...

The Empire Strikes Back: The Council Decision Amending Protocols 1 and 4 to the EU-Morocco Association Agreement

Insight

Abstract: This Insight focuses on the newly adopted Council Decision amending Protocols 1 and 4 to the EU-Morocco Association Agreement which extends the territorial scope of the Association Agreement to expressly include Western Sahara. The purpose of this Insight is to assess the compatibility of the Council Decision with...

The Council v. Front Polisario Case: The Court of Justice’s Selective Reliance on International Rules on Treaty Interpretation (Second Part)

e-Journal

Table of Contents: I. Introduction. – II. The Front Polisario judgment. – III. The Court’s reliance on international rules on treaty interpretation. – III.1. General observations on the Court’s method of treaty interpretation: the Court and the “crucible” approach to treaty interpretation. – III.2. The Court’s reliance on the right to self-...

The Front Polisario v. Council Case: The General Court, Völkerrechtsfreundlichkeit and the External Aspect of European Integration (First Part)

Insight

Abstract: Over the last few years, the CJEU’s approach to international law has sparked a fierce debate in the literature. More recent case-law has challenged the narrative of the CJEU’s Völkerrechtsfreundlichkeit and it has called into question the EU’s carefully cultivated self-image as a global actor with an attitude of respect and...

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European Forum

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Forum Européen

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Forum europeo

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Foro Europeo