The New International Frontier – The Legal Profession and the Challenges of New ‘International Law’ in the New Member State

Abstract:

‘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 pro-fessionals 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 forma -tion at this very early stage, opening up opportunities to exert regional and global legal influence.