The book is of interest to scholars, students and practitioners working on international law, European Union law, or both, who wish to understand how the customary rules that we find on the international plane is relevant to the external relations and to the internal functioning of the EU.
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.
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The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
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| Acknowledgements |
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xxv | |
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| Introduction: The European Union and Customary International Law |
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1 | (6) |
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PART I A VIEW FROM THE OUTSIDE: THE EUROPEAN UNION AS A SUBJECT OF CUSTOMARY INTERNATIONAL LAW |
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1 Applicability of Customary International Law to the European Union as a Sui Generis International Organization: An International Law Perspective |
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7 | (41) |
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2 Is the European Union a Sui Generis International Organization? The Challenge of Arguing for Special Treatment in Customary International Law |
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48 | (18) |
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3 The European Union's Role in the Making and Confirmation of Customary International Law |
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66 | (31) |
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PART II LOOKING IN BETWEEN: SYNERGIES BETWEEN CUSTOMARY INTERNATIONAL LAW AND EUROPEAN UNION LAW |
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4 Customary Law within the Internal Legal Sphere of the European Union: A Tale of Autonomy and Self-Containment |
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97 | (26) |
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5 The Identification of Customary International Law Before the Court of Justice of the European Union: A Flexible Consensualism |
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123 | (25) |
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6 Patterns of Avoidance and Assimilation: Peremptory Norms in European Union Law |
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148 | (29) |
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PART III A VIEW FROM THE INSIDE: CUSTOMARY INTERNATIONAL LAW AS A SOURCE OF EUROPEAN UNION LAW |
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7 Customary International Law in the European Union Legal System: Reception, Rank, Application and Interpretation |
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177 | (33) |
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8 The Direct Effect of Customary International Law: The `Treaty Analogy' and Its Limits |
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210 | (30) |
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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 |
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240 | (40) |
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10 Customary International Law as a Source of European Union Law: The European Parliament, the Council and the Commission |
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280 | (17) |
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Carmen Martinez-Capdevila |
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| Index |
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297 | |
Fernando Lusa Bordin is based at the University of Cambridge, where he serves as Assistant Professor in International Law and John Thornely Fellow in Law at Sidney Sussex College. His research focusses on topics of public international law, including international law-making, the law of international organizations, and international legal theory. Andreas Th. Müller is Full Professor at the Department of European Law and Public International Law of the University of Innsbruck. His research focusses on international and European human rights law and migration and asylum law. In addition, he is particularly interested in the interplay of international law and EU law. Francisco Pascual-Vives is Associate Professor of International Law and International Relations and Jean Monnet professor of EU Law at the University of Alcalá. His research focusses on the sources of international law, international dispute settlement and EU law.
