The European Union and Customary International Law

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.

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.