Rights, security, and conflicting international obligations: exploring inter-jurisdictional judicial dialogues in Europe

F Londras, S Kingston - The American Journal of Comparative …, 2010 - academic.oup.com
The European Court of Justice's decision in Kadi & Al Barakaat has frequently been
condemned as a missed opportunity for the Court to engage in a wider international debate …

Global constitutionalism: Human rights, democracy and the rule of law

A Wiener, AF Lang, J Tully, MP Maduro… - Global …, 2012 - cambridge.org
When the European Court of Justice (ECJ) issued its judgment in Kadi and Al Barakaat2–
better known now as the Kadi case–it highlighted the constitutional dimension that results …

Fundamental rights in the EU after Kadi and Al Barakaat

NT Isiksel - European law journal, 2010 - Wiley Online Library
This article takes stock of the emerging scholarship on the European Court of Justice's 2008
Kadi decision and seeks to make sense of the court's apparent evasiveness towards …

Countering anti-constitutional argument: the reasons for the European Court of Justice's decision in Kadi and Al Barakaat

JEK Murkens - Cambridge Yearbook of European Legal Studies, 2009 - cambridge.org
This chapter examines the recent decision by the European Court of Justice in Kadi and Al
Barakaat International Foundation. It is a response to criticism that the ECJ's judgment, in …

Strengthening the Rule of Law, but Fragmenting International Law: The Kadi Decision of the ECJ from the Perspective of Human Rights

KS Ziegler - Human rights law review, 2009 - academic.oup.com
The judgment in Kadi and Al Barakaat v Council of the European Union and Commission of
the European Communities of 3 September 20081 is a landmark decision of the European …

Kadi and the Role of the Court of Justice of the European Union in the International Legal Order

V Fikfak - Cambridge Yearbook of European Legal Studies, 2013 - cambridge.org
This chapter investigates the role of the Court of Justice of the European Union (CJEU) in
the international legal order in light of its decision in Kadi and the forthcoming Kadi II. It …

Interaction between EU law and international law in the light of Intertanko and Kadi: the dilemma of norms binding the Member States but not the community

JW Van Rossem - Netherlands Yearbook of international law, 2009 - cambridge.org
This Article addresses the legal question of the international obligations of one or more EU
Member States that come within the scope of EU law. Zooming in on two recent judgments …

Is the ECJ ruling in Kadi incompatible with international law?

M Scheinin - Yearbook of European law, 2009 - search.proquest.com
This chapter discusses the Kadi ruling by the European Court of Justice1 from the
perspective of public international law. Its main thesis is that instead of using Kadi as …

[PDF][PDF] Kadi v. Commission: A case study of the development of a rights-based jurisprudence for the European Court of Justice

A Shekhtman - Claremont-UC Undergraduate Research …, 2013 - scholarship.claremont.edu
The creation of the European Union (EU) has been the world's most significant experiment
in multinational organization, bringing with it unparalleled opportunities for the enforcement …

The application of Article 103 of the United Nations Charter in the European courts: the quest for regime compatibility on fundamental rights

K Istrefi - Eur. J. Legal Stud., 2012 - HeinOnline
This contribution identifies and examines three approaches of the European courts to
application of certain United Nations Security Council (SC) resolutions that trigger concerns …