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Member States of the European Union before the International Court of Justice

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Chapter Summary

A recent case before the International Court of Justice raised a question which will be of interest to scholars and practitioners whether in international law or in European Union law. It may be useful to recall that competences in the European Union are divided between the Union and its Member States. There is an immediate consequence of the fact that the European Union has exclusive internal competence, by virtue of what is now Article 81 of the Treaty on the Functioning of the European Union (TFEU), in the areas of jurisdiction and the recognition and enforcement of judgments which are covered by the Lugano Convention 1988. This chapter suggests that there are indeed limits on the capacity of a Member State of the European Union to take proceedings before the International Court of Justice against a non-member State in matters falling within the exclusive competence of the European Union.

Keywords: European Union law; International Court of Justice; Lugano Convention 1988; TFEU



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