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9789004188570

International Law As Law of the European Union

by ; ;
  • ISBN13:

    9789004188570

  • ISBN10:

    9004188576

  • Format: Hardcover
  • Copyright: 2011-10-31
  • Publisher: Martinus Nijhoff
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Summary

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.

Table of Contents

Contributorsp. ix
Introduction: International Law as Law of the European Unionp. 1
General Issues: Monism, Dualism and The European Legal Order
Reconsidering the Relationship between International and EU Law: Towards a Content-Based Approach?p. 7
The Neo-Monism of the European Legal Orderp. 35
The EU at Crossroads: A Constitutional Inquiry into the Way International Law Is Received within the EU Legal Orderp. 59
International Law Within The Eu
Customary International Law in the European Unionp. 93
The Validity of EU Norms Conflicting with International Obligationsp. 111
Using International Law for the European Union's Domestic Affairsp. 133
International Agreements in the Area of the EU's Common Security and Defence Policyp. 157
The Application of International Humanitarian Law and Human Rights Law in CSDP Operationsp. 189
International Decisions in EU Law
Effects of Decisions of the UN Security Council in the EU Legal Orderp. 215
Direct Effect of International Agreements in the EU Legal Order: Does It Depend on the Existence of an International Dispute Settlement Mechanism?p. 229
On the Absence of Direct Effect of the WTO Dispute Settlement Body's Decisions in the EU Legal Orderp. 249
Consistent Interpretation of WTO Rulings in the EU Legal Order?p. 269
EU Law and Member States' International Law
Member States Agreements as Union Lawp. 291
Mixed Agreements as a Source of European Union Lawp. 325
International Law and EU Law: The Role of Judges
International Law as Law of the EU: The Role of the European Court of Justicep. 353
Judicial Review of the International Validity of UN Security Council Resolutions by the European Court of Justicep. 379
Giving Indirect Effect to International Law within the EU Legal Order: The Doctrine of Consistent Interpretationp. 395
Indexp. 417
Table of Contents provided by Ingram. All Rights Reserved.

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