The Relationship between International and National Law
In: in Andrew Mitchell and Jenny Beard (eds), International Law – In Principle (Sydney: Thomson, 2009) 43–59 (ISBN 9780455225692)
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In: in Andrew Mitchell and Jenny Beard (eds), International Law – In Principle (Sydney: Thomson, 2009) 43–59 (ISBN 9780455225692)
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In: The British yearbook of international law, Band 64, Heft 1, S. 333-390
ISSN: 2044-9437
The article deals with the correlation between the European Union law and international law. Constant participation of the European Union and its members in international organizations gave a rise to the need for establishment of interrelation between the sources of international law particularly international agreements and customs and sources of European Union law such as regulating agreements and acts of the EU institutions as well as necessity to identify which norms should be applied in a certain case and which hierarchical connections exist in these sources. This issue was research by numerous Ukrainian and foreign scholars such as T.V. Komarova, O.V. Plotnikov, K. Zigler, I.I. Maryniv, R. Jennigs, K. Tomushat and others. But unlike scientific research EU agreements do not have any provisions which would identify the type of relations between EU law and international law. It is also necessary to note that the only subject which position is important in this sphere is EU Court. In order to answer the mentioned questions decisions of the EU Court which had an impact on the formation of a new law and order on international level such as the one of the European Union (for example decision in case Van Gend en Loos) and decision of the Court which established fundamental positions regarding correlation of EU law and international law (for example in case Kadi v Council and Commission) were researched into. Provisions of EU regulating agreements related to international agreements and their place in the system of norms of the European Union were analyzed. To see the procedure of applying customary law in European law case law of the EU Court was researched. The article provides modern position of the EU Court regarding interaction between European and international law.
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In: D. Patterson, A. Soderston (eds.), A Companion to EU and International Law (Wiley-Blackwell, 2016) 42-61
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In: University of Leicester School of Law Research Paper No. 13-17
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Working paper
In: The relationship between European Community law and national law [1]
In: The relationship between European Community law and national law 2
In: The relationship between European Community law and national law [1]
In: The Italian Yearbook of International Law Online, Band 26, Heft 1, S. 556-562
ISSN: 2211-6133
In: The international & comparative law quarterly: ICLQ, Band 4, Heft 1, S. 116-128
ISSN: 1471-6895
In: EU Law: Text, Cases, and Materials, S. 256-301
In: The Italian Yearbook of International Law Online, Band 27, Heft 1, S. 452-464
ISSN: 2211-6133
In: The Italian Yearbook of International Law Online, Band 27, Heft 1, S. 495-501
ISSN: 2211-6133
In: Paula Giliker (ed), Research Handbook On EU Tort Law (Edward Elgar 2017)
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In: Law and Transition- Collection of Papers, University of Belgrade-Faculty of Law in cooperation with German Foundation for International Legal Cooperation, Belgrade 2017
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