04 December 2017

Odermatt publishes in the American Journal of International Law

The article discusses the judgment of the Court of Justice of the European Union (CJEU) in Case C-104/16 P Council of the European Union v. Front Populaire pour la Libération de la Saguia-El-Hamra et Du Rio de Oro (Front Polisario).

The CJEU was called upon to decide whether a liberalization agreement between the European Union and the Kingdom of Morocco was compatible with EU law and international law insofar as the agrement applies to the territory of Western Sahara. The judgment further develops the CJEU’s approach to international law, including principles of treaty interpretation and the principle of self-determination. Although the CJEU integrates elements of international law into its legal reasoning, the article argues, the Court does so only as a subsidiary means of interpreting EU law, further illustrating how the CJEU applies principles of public international law, including the law of treaties, through an EU law lens.

The article is available here.