TY - JOUR
T1 - The new international frontier
T2 - The legal profession and the challenges of new 'international law' in the new Member State
AU - Apter, Itai
PY - 2014
Y1 - 2014
N2 - Europeanised international law has been the subject of many recent academic and political discussions on how the EC and the CJEU should implement and promote international law and what should apply in the case of conflict between EU law and international law. What has been somewhat missing from the debate is how legal professionals in the EU (judges, lawyers and government legal advisers), and in particular the newcomers to the EU legal system, should contend with these international developments which have a direct bearing on their day-to-day work. Following a brief analysis of some case studies, the article suggests some practical means for legal professionals to cope with this great challenge and even to make the most of it. The main argument is that by being aware of the unique and flexible nature of 'EU international law', legal professionals are able not only to optimise legal outcomes but they can also influence its formation at this very early stage, opening up opportunities to exert regional and global legal influence.
AB - Europeanised international law has been the subject of many recent academic and political discussions on how the EC and the CJEU should implement and promote international law and what should apply in the case of conflict between EU law and international law. What has been somewhat missing from the debate is how legal professionals in the EU (judges, lawyers and government legal advisers), and in particular the newcomers to the EU legal system, should contend with these international developments which have a direct bearing on their day-to-day work. Following a brief analysis of some case studies, the article suggests some practical means for legal professionals to cope with this great challenge and even to make the most of it. The main argument is that by being aware of the unique and flexible nature of 'EU international law', legal professionals are able not only to optimise legal outcomes but they can also influence its formation at this very early stage, opening up opportunities to exert regional and global legal influence.
UR - http://www.scopus.com/inward/record.url?scp=84920271353&partnerID=8YFLogxK
U2 - 10.3935/cyelp.10.2014.178
DO - 10.3935/cyelp.10.2014.178
M3 - Article
AN - SCOPUS:84920271353
SN - 1845-5662
VL - 10
SP - 215
EP - 248
JO - Croatian Yearbook of European Law and Policy
JF - Croatian Yearbook of European Law and Policy
IS - 1
ER -