International Law as Law of the European Union

Series:

Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate.

International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.

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Biographical Note

Prof. Enzo Cannizzaro is Professor of International Law and European Union Law at the University of Rome ‘La Sapienza’, Italy.

Prof. Paolo Palchetti is Associate Professor of International Law at the Faculty of Law of the University of Macerata, Italy.

Prof. Ramses A. Wessel is Professor of the Law of the European Union and other International Organizations at the Centre for European Studies of the University of Twente, The Netherlands.

Table of contents

Introduction: International Law as Law of the EU, Enzo Cannizzaro, Paolo Palchetti, Ramses A. Wessel

I. General Issues: Monism, Dualism and the European Legal Order
Reconsidering the Relationship between International and EU Law: Towards a Content-Based Approach? Ramses A. Wessel
The Neo-Monism of the European Legal Order, Enzo Cannizzaro
The EU at Crossroads: A Constitutional Inquiry into the way International Law is received within the EU Legal Order, Jan Willem van Rossem

II. International Law within the EU
Customary International Law in the European Union, Alessandra Gianelli
The Validity of EU Norms Conflicting with International Obligations, Jan Klabbers
Using International Law for the European Union’s Domestic Affairs, Bruno de Witte
International Agreements in the Area of the EU’s Common Security and Defence Policy, Panos Koutrakos
The Application of International Humanitarian Law and Human Rights Law in CSDP Operations, Frederik Naert

III. International Decisions in EU Law
Effects of Decisions of the UN Security Council in the EU Legal Order, Andrea Gattini
Direct Effect of International Agreements in the EU Legal Order: Does it Depend on the Existence of an International Dispute Settlement Mechanism? Beatrice Bonafé
On the Absence of Direct Effect of the WTO Dispute Settlement Body’s Decisions in the EU Legal Order, Antonello Tancredi
Consistent Interpretation of WTO Rulings in the EU Legal Order? Giacomo Gattinara

IV. Member States’ International Law and EU Law
Member States Agreements as Union Law, Marise Cremona
Mixed Agreements as a Source of European Union Law, Eleftheria Neframi

V. International Law and EU Law: The Role of Judges
International Law as Law of the EU: the Role of the ECJ, Christina Eckes
Judicial Review of the International Validity of UN Security Council Resolutions by the European Court of Justice, Paolo Palchetti
Giving Indirect Effect to International Law within the EU Legal Order: The Doctrine of Consistent Interpretation, Frederico Casolari

Readership

Academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.

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