Abstract
This chapter analyses the process of transformation which led the European legal order from the approach originally adopted, deeply influenced by monist theories, to a new approach which is referred to as 'neo-monism'. In the first part of the chapter, an attempt is made to set out the steps of this process of transformation, mainly through an analysis of case law of the European Court of Justice (ECJ). In the second part, the systemic implication of this approach is examined with a view to seeing whether we are merely in the presence of a distorted use of legal notions and concepts, or whether this approach might open a new direction for legal research. The chapter examines three elements considered by the ECJ in the context of its assessment of the nature and purpose of international provisions: reciprocity, the existence of a dispute settlement mechanism, and the existence of individual rights. Keywords:dispute settlement mechanism; European Court of Justice (ECJ); individual rights; international rules; neo-monism; reciprocity
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