TY - JOUR
TI - Europeanised International Law and Administrative and Constitutional Courts in EU Member States: Navigating the Global Legal Waters of Luxembourg (CJEU), Strasbourg (ECtHR) and The Hague (ICJ)
AU - Apter, Itai
TI - Europeanised International Law and Administrative and Constitutional Courts in EU Member States: Navigating the Global Legal Waters of Luxembourg (CJEU), Strasbourg (ECtHR) and The Hague (ICJ)
AB - 
	In present times, administrative and constitutional courts are called upon to apply international law. Approaching this task, they must perform a delicate balancing act between national law and domestic policies and international law, the latter sometimes originating from rulings of international tribunals such as the International Court of Justice. This is even more the case for courts in EU Member States, adding to the equation “Europeanised” international law as laid down by the Court of Justice of the European Union and the European Court of Human Rights. 

	The article analyses these challenges faced by constitutional and administrative courts in EU Member States when they need to apply public international law, international human rights law and private international law. Discussing each field, the author refers to real and hypothetical examples and case studies, highlighting potential points of conflict and convergence between the relevant case law. Utilising the findings of the analysis, the paper offers a road map for judges in EU Member States to navigate the international legal waters as they seek to achieve the most appropriate balance between domestic law, EU law and decisions of relevant regional and international tribunals.
VL - 2019
IS - 2019 (5)
PY - 2019
SN - 2449-7797
C1 - 2449-7800
SP - 87
EP - 114
DO - 10.4467/24497800RAP.19.006.11469
UR - https://ejournals.eu/en/journal/rocznik-administracji-publicznej/article/europeanised-international-law-and-administrative-and-constitutional-courts-in-eu-member-states-navigating-the-global-legal-waters-of-luxembourg-cjeu-strasbourg-ecthr-and-the-hague-icj
KW - international law
KW - Court of Justice of the European Union
KW - administrative courts
KW - constitutional courts
KW - European Court of Human Rights
KW - International Court of Justice
KW - litigation
KW - public international law
KW - private international law