The European Union and Customary International Law

Fernando Lusa Bordin (University of Cambridge), Andreas Th. Müller, Francisco Pascual-Vives (Universidad de Alcalá, Madrid)

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English

Cambridge University Press
03 November 2022

International relations; EU & European institutions; Law; Public international law; International organisations & institutions

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.

Edited by: Fernando Lusa Bordin (University of Cambridge), Andreas Th. Müller, Francisco Pascual-Vives (Universidad de Alcalá, Madrid)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 235mm, Width: 159mm, Spine: 24mm
Weight: 630g
ISBN: 9781108832977
ISBN 10: 1108832970
Pages: 304
Publication Date: 03 November 2022
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

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.

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.