The Europeanisation of International Law - The Status of International Law in the EU and Its Member States

International law has increasingly become a part of the EU legal order, and has thereby become 'Europeanised'. Consequently, its application and interpretation by EU Member States is no longer solely a matter for their own constitutional order, but is also governed by EU law. This book addresses the effects of European integration on the position of public international law in the European Union and its Member States, illuminating critical questions pertaining to this triangular relationship. Are we dealing with the emergence of a distinct European system of public international law? To what extent do Member States actually recognise the effect of this 'Europeanisation' of international law? What role does the European Court of Justice play with respect to the application and interpretation of 'Europeanised' international law within the Member States.

1. Introduction André Nollkaemper, Erika de Wet and Jan Wouters Part I. The Phenonemon of Europeanisation 2. Europeanisation beyond supremacy Rainer Wahl 3. The emergence of a European system of public international law: the EU and its member states as strange subjects Bruno de Witte 4. The status of international law in the European legal order: the case of international treaties and non-binding international instruments Christian Tietje 5. The European Court of Justice and public international law Allan Rosas 6. Customary international law, decisions of international organisations and other techniques for ensuring respect for international legal rules in European community law Pieter Jan Kuijper Part II. Consequences of Europeanisation for Domestic Law, International Law and Judicial Protection in the EU 7. 'Unionisation' and 'conventionisation' of fundamental rights in Europe: the interplay between union and convention law and its impact on the domestic legal systems of the member states Johan Callewaert 8. The status of 'Europeanised' international law in Austria, Switzerland and Liechtenstein Astrid Epiney and Bernhard Hofstötter in collaboration with Markus Wyssling 9. A triangular relationship between public international law, EC law and national law? The case of Hungary Nóra Chronowski and Tímea Drinóczi 10. UN sanctions and judicial review Nikolaos Lavranos 11. Europe, America and the 'unity' of international law Joost Pauwelyn