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Comment on Kokott/Sobotta “The Kadi Case – Constitutional Core Values and International Law – Finding the Balance?”

January 14, 2013

Nele Yang

Nele Yang is a PhD candidate and research fellow at the Max Planck Institute for Comparative and International Law in Heidelberg. The title of Kokott and Sobotta's article (available free here) seems to suggest that this is another analysis of whether the 2008 Kadi decision succeeds in balancing core EU constitutional values and the effective implementation of UN anti-terrorist sanctions. Innovatively, however, the authors choose not to venture down this well-trodden path. Instead they ask what can be drawn from the Kadi judgment and the developments it has triggered in order to reduce conflict between the EU legal order and the UN Al-Qaida sanctions regime in general. Solange – the Importance of Conditions Kokott and Sobotta assert that the ECJ’s 2008 Kadi decision contains an approach similar to the German Federal Constitutional Court’s famous Solange. The question whether the 2008 Kadi judgment can be read as spelling out a Solange approach or at least leaving this approach open as one alternative for…

Discussion of Kokott and Sobotta, “The Kadi case – Constitutional Core Values and International Law – Finding the Balance?”

January 13, 2013

Iain Scobbie

Over the next few days, we shall be hosting a discussion of Juliane Kokott and Christoph Sobotta’s article “The Kadi case – Constitutional Core Values and International Law – Finding the Balance?” which was published in the final issue of volume 23 of the European Journal of International Law (2012). Juliane is…

Three Cheers for the Application of International Law by Domestic Courts! Or should that be two? A response to Benvenisti & Downs.

July 13, 2009

Dapo Akande

Last month, Professors Eyal Benvenisti and George Downs posted a summary of their latest EJIL article - "National Courts, Domestic Democracy and the Evolution of International Law" - which set out the issues discussed in that article (available here) in the context of the authors' scholarship in this area. The article impressively surveys trends regarding the extent to…

A House of Kadis? Recent Challenges to the UN Sanctions Regime and the Continuing Response to the ECJ Decision in Kadi

July 7, 2009

Devika Hovell

Devika Hovell is a DPhil Candidate in international law at the University of Oxford, and Associate Fellow at Chatham House. She worked formerly as Director of the International Law Project and Lecturer in International Law at the University of New South Wales. Her doctoral thesis applies a procedural fairness framework to Security Council …

Kadi and Al Barakaat: Luxembourg is not Texas – or Washington DC

February 25, 2009

Piet Eeckhout

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. He was a member of the legal team for the applicant Yassin Kadi. The European Court of Justice's approach in the Kadi decision has already been described as sharply dualist (see,Professor Joseph Weiler's…

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Jakob Cornides, JurD, serves as an official in the European Commission's Directorate General for Trade. The views expressed in this contribution are the author's, and are in no way attributable to the institution where he is employed. In this year’s “State of the Union Address”, delivered on 11 September 2013 at the…

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