Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue.
Introduction: The Interface between EU and International Law Inge Govaere and Sacha Garben
PART I A HORIZONTAL, HOLISTIC APPROACH 1. Interconnecting Legal Systems and the Autonomous EU Legal Order: A Balloon Dynamic Inge Govaere 2. The Axiological Emancipation of a (Non-)Principle: Autonomy, International Law and the EU Legal Order Violeta Moreno-Lax 3. Studying International and European Law: Confronting Perspectives and Combining Interests Ramses A Wessel
PART II THE INTERACTION BETWEEN EU AND INTERNATIONAL LAW IN SELECTED AREAS 4. Integrated Rights Protection in the European and International Context: Some Reflections about Limits and Consequences Christina Eckes 5. A Balloon Dynamic in the Area of Social Rights Sacha Garben 6. The Interplay of International and EU Environmental Law Nicola Notaro and Mario Pagano 7. Implementing International Norms through EU Procedure? The Case of Business and Human Rights Pierre Thielbörger
PART III THE EU AND ‘THIRD’ COUNTRIES 8. On the Cusp: Brexit and Public International Law Kieran Bradley 9. EU Enlargement, Extra-Territorial Application of EU Law and the International Dimension Christophe Hillion and Vincent Delhomme 10. Law and Practice of the EU’s Trade Agreements with ‘Disputed’ Territories: A Consistent Approach? Guillaume Van der Loo 11. We’ll Always have Geneva: The Existential Crisis of the US-led Multilateral Trading System and the EU Reactions Michael Hahn
PART IV A VIEW FROM PRACTICE: COMMENTS ON CURRENT DEVELOPMENTS IN THE INTERFACE BETWEEN EU AND INTERNATIONAL LAW 12. The Interaction between Public International Law and EU Law: The Role Played by the Court of Justice Ricardo da Silva Passos 13. The Rosneft Case as a Good Example of Smooth Interaction between EU Law and International Law in the Most Recent Post-Lisbon Jurisprudence of the Court of Justice Jenö Czuczai 14. An Incoherent Approach Towards Aarhus and CETA: The Commission and External Oversight Mechanisms Laurens Ankersmit
Inge Govaere is Professor of European Law, Jean Monnet Chair in EU Legal Studies at Ghent University and Director, Ghent European Law Institute (GELI) as well as Director of the European Legal Studies Department at the College of Europe.