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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

Fernando Lusa Bordin
Affiliation:
University of Cambridge
Andreas Th. Müller
Affiliation:
Universität Innsbruck
Francisco Pascual-Vives
Affiliation:
Universidad de Alcalá, Madrid
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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).

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Publisher: Cambridge University Press
Print publication year: 2022

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