The thesis assesses how the highest court of the European Union – the Court of Justice of the European Union (hereinafer CJEU) – deals with the international law issues. The EU is in general perceived as an actor which is simultaneously both a creator and promoter of international law. This stems from the provisions of EU primary law, namely from Article 21(1) of the Treaty on European Union which declares that EU's action on the international scene is to be guided by respect for the principles of the UN Charter and international law. On the other hand, the founding treaties of the EU are silent on the applicability and the effects of international law.
As far as EU's engagement with international law is concerned, the CJEU regularly hears a range of cases concerning international relations of the EU respectively, and rules on the interpretation and applicability of international law. The general perception, at least until quite recently, has been that the CJEU has been »friendly« towards international law and supportive of the EU's commitment to the faithful observance of international law.
However, recent cases in the last decade shown a trend towards a more guarded approach by the CJEU. In this regard, the thesis examines the CJEU's recent decisions concerning international law and contrasts them with earlier rulings. Particular attention will be paid to the developement of tools to limit the effect of international law, as the CJEU attempts to strike a balance between respect for international law and the need to safeguard the integrity of the EU legal order.
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