THE CJEU AS THE GATEKEEPER OF INTERNATIONAL LAW: THE CASES OF WTO LAW AND THE AARHUS CONVENTION

Abstract

AbstractAs the gatekeeper of international law, the CJEU determines the effects not only of international agreements but also decisions of compliance review bodies. This article analyses the Court's engagement with rulings of the WTO dispute settlement bodies (DSB) and findings of the Aarhus Convention Compliance Committee (ACCC). These case studies demonstrate the varied toolkit used by the CJEU to forge relationships with external regimes, while maintaining the EU's autonomy. The CJEU considers DSB reports and ACCC findings selectively and implicitly, demonstrating a qualified openness to international law and a reluctance to engage in a meaningful dialogue with international quasi-judicial bodies.