The European Union and Customary International Law

Author: Fernando Lusa Bordin; Andreas Th. Müller; Francisco Pascual-Vives
Publisher: Cambridge University Press
ISBN: 9781108832977
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.

Introduction: the European Union and customary international law

Fernando Lusa Bordin, Andreas Th. Müller and Francisco Pascual-Vives

Part I. A View from the Outside: The European Union as a Subject of Customary International Law:

1. Applicability of customary international law to the European Union as a sui generis international organization: an international law perspective

Christina Binder and Jane A. Hofbauer

2. Is the European Union a sui generis international organization? The challenge of arguing for special treatment in customary international law

Fernando Lusa Bordin

3. The European Union's role in the making and confirmation of customary international law

Jed Odermatt

Part II. Looking in Between: Synergies between Customary International Law and European Union Law:

4. Customary law within the internal legal sphere of the European Union: a tale of autonomy and self-containment

Kirsten Schmalenbach

5. The identification of customary international law before the court of justice of the European Union: a flexible consensualism

Francisco Pascual-Vives

6. Patterns of avoidance and assimilation: peremptory norms in European Union Law

Asier Garrido-Muñoz

Part III. A View from the Inside: Customary International Law as a Source of European Union Law:

7. Customary international law in the European Union legal system: reception, rank, application and interpretation

Werner Schroeder

8. The direct effect of customary international law: the 'treaty analogy' and its limits

Andreas Th. Müller

9. Customary international law in the European Union legal system: the substantive rules invoked and applied by the Court of Justice of the European Union

Paul Gragl

10. Customary international law as a source of European Union law: the European parliament, the council and the commission Carmen Martínez-Capdevila