ABSTRACT
This essay will explore the relationship between Community law and international law by examining how key judgments of the Court of Justice of the European Union (hereafter referred to as the Court) have defined judicial attitudes to the implementation of international legal obligations within the Community legal order. Particular consideration will be given of how, and to what extent, the Court has complied with World Trade Organization (WTO) obligations and whether these obligations are fully implemented in Community law. The essay will also review the impact of the recent Kadi judgment (Joined Cases C-402/05 P and C-415/05 P Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities, Judgment of the Court of Justice, 3 September 2008) concerning the status and application of United Nations (UN) Resolutions. How will this judgment shape future European Union (EU) external relations policy and does it promote the EU as a ‘good international citizen’ (Dunne 2008: 13)? The essay will conclude by examining whether, in the light of the Court’s judgments, a principle of loyal co-operation between the EU and international law exists.
