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Publishers Abstract:
The extent to which courts from different jurisdictions engage in a judicial dialogue with each other has become a topic of growing interest. The European Community (EC) courts refer with varying frequency to other tribunals. They usually do so to bolster the persuasive force of their own rulings. Particularly in respect of judgments of the European Court of Human Rights ('ECtHR'), the EC courts show a large measure of deference. This essay focuses on one question in particular: should the EC courts consider themselves bound by rulings of other international tribunals? Having reviewed the case law to date, this article assesses what the relationship of the EC courts to other international tribunals could look like in view of the changing, globalising landscape. The European Community Justice showed itself rather concerned about the impact of another court's rulings on its own position when reviewing a first version of the European Economic Area Agreement from 1991.
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