Book contents
- The European Union and Customary International Law
- The European Union and Customary International Law
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Cases
- Treaties
- Abbreviations
- Introduction
- Part I A View from the Outside
- Part II Looking in Between
- Part III A View from the Inside
- 7 Customary International Law in the European Union Legal System
- 8 The Direct Effect of Customary International Law
- 9 Customary International Law in the European Union Legal System
- 10 Customary International Law as a Source of European Union Law
- Index
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
from Part III - A View from the Inside
Published online by Cambridge University Press: 27 October 2022
- The European Union and Customary International Law
- The European Union and Customary International Law
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Cases
- Treaties
- Abbreviations
- Introduction
- Part I A View from the Outside
- Part II Looking in Between
- Part III A View from the Inside
- 7 Customary International Law in the European Union Legal System
- 8 The Direct Effect of Customary International Law
- 9 Customary International Law in the European Union Legal System
- 10 Customary International Law as a Source of European Union Law
- Index
Summary
This chapter discusses how the CJEU invokes and applies substantive customary international law rules within the EU legal system; to which extent they are relevant to this system: whether the interpretation of these rules by the CJEU conforms to the traditional rules of interpretation in international law; and whether the Court pursues a specific strategy in doing so (and whether there is coherence and/or certain patterns to its jurisprudence in this respect). The substantive customary international rules used by the CJEU and thus further assessed here are those governing ‘territory’, ‘territoriality’ and ‘extra-territoriality’; substantive customary rules of the VCLT (other than interpretation rules); and lastly, some of the most fundamental rules of international law (such as the prohibition of the use of force and the right to self-determination).
Keywords
- Type
- Chapter
- Information
- The European Union and Customary International Law , pp. 240 - 279Publisher: Cambridge University PressPrint publication year: 2022