The other side of the story: an unpopular essay on the making of the European Community legal order

The founding fathers of the European Community contributed one of the most exciting chapters to the book of international law in the twentieth century. The 1950s saw three Communities emerge, with a remarkably wide range of activities, procedures and powers, as constituent parts of an international organization. It was the first treaty-based order to be rooted in the rule of law. The European Court of Justice was established in order to provide a forum for adjudication on future disputes in relation to the Community and it rapidly generated the largest bulk of case-law ever seen in international law. However, almost the first word in this developing case-law was a claim that it differed from international law. The making of the 'new legal order' is the subject of a two-sided story. In addition to the popular side of the story, there is the other side - a story which is too important for international lawyers to miss.