Sources and the Subjects of International Law

Autonomous System ◽

The European Union ◽

The Law

This chapter observes that the law of international organizations poses challenging questions for the doctrine of sources of international law, which was originally developed for a world in which only States were envisaged as subjects of international law. It addresses some of those questions by focusing on the most ‘advanced’ international organization, the European Union (EU). The chapter is organized in two main parts. The first one emphasizes the separate character of the EU’s system of sources, whereas the second part notes the various ways in which that system continues to rely on the traditional sources of international law, particularly on the treaty instrument. Together, these two parts aim to justify the choice of the words ‘semi-autonomous system of sources’ used in the subtitle of the chapter.

The Phenomena of Fragmentation in the Legal Relations between the Council of Europe and the European Union

Visnyk of the Lviv University Series International Relations ◽

10.30970/vir.2020.48.0.10399 ◽

2020 ◽

Author(s):

Viktoriya Kuzma

Keyword(s):

European Union ◽

Human Rights ◽

International Law ◽

The European Union ◽

Council Of Europe ◽

European Continent ◽

Court Of Justice ◽

European Court ◽

The Law

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.

The right to revoke withdrawal notices from international organizations: The case of Brexit and the European Union

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x20958378 ◽

2020 ◽

pp. 1023263X2095837

Author(s):

Gino Naldi ◽

Konstantinos Magliveras

Keyword(s):

European Union ◽

International Law ◽

British Society ◽

The European Union ◽

Critical Question ◽

The Law ◽

Article 50 ◽

The Uk ◽

The Right

Following the 2016 referendum, the UK notified its intention to withdraw from the European Union pursuant to Article 50 TEU. Given the political and legal consequences of a much-questioned referendum and the strong opinion of many parts of British society that the UK’s membership should not be terminated, the question arose whether such a notification could be revoked unilaterally. In the absence of any mention in Article 50, expert opinion was divided. International law – that is, the law of treaties and the law of international organizations – does not appear to provide a definite answer, while state practice is rather scarce. The constituent instruments of international and regional organizations containing withdrawal clauses are also silent, except for African organizations and development/investment organizations, which invariably allow Member States to rescind withdrawal notices. As regards the EU Treaties, before the Lisbon Treaty they did not contain a withdrawal clause. In the preliminary ruling given in Wightman v. Secretary of State for Exiting the European Union, which concerned whether an EU Member has the sovereign power under Article 50 to revoke unilaterally a withdrawal notice, the Court of Justice helped to clarify a critical question of EU Law but also of international law.

Oxford Principles Of European Union Law: The European Union Legal Order: Volume I ◽

EU Status In Other International Organizations

10.1093/oso/9780199533770.003.0044 ◽

2018 ◽

Author(s):

Geert De Baere

Keyword(s):

Decision Making ◽

European Union ◽

International Law ◽

The European Union ◽

Decision Making Processes ◽

The Eu ◽

Federal Structure

The present chapter considers the position of the European Union in other international organizations. It is based on the premise that the Union, while arguably also a federal or quasi-federal structure, is legally still itself an international organization. From the perspective of international law, that explains at least partly the complexities involved in an international organization such as the EU acquiring a status in—let alone membership of—another international organization. The term ‘status’ or ‘position’ is understood here as the influence the Union can exercise, either formally or informally, in decision-making processes in other international organizations. As an ever-increasing number of decisions having an impact on the Union’s policies originate in international organizations, its position in such fora matters.

Autonomy or Sovereignty: the Case of the European Union

International and Comparative Law Review ◽

10.2478/iclr-2020-0018 ◽

2020 ◽

Vol 20 (2) ◽

pp. 73-92

Author(s):

Danuta Kabat-Rudnicka

Keyword(s):

European Union ◽

International Relations ◽

International Law ◽

International Society ◽

Modern World ◽

The European Union ◽

Jean Bodin ◽

New Type

Summary Sovereignty is a key concept in international law and international relations. First defined and discussed by Jean Bodin, sovereignty is considered to be an inherent attribute of any state. However, the changes that international society has undergone since the Treaty of Westphalia, including the emergence of different state and non-state actors vying for power and authority, have called into question the position of the state as the main actor in the modern world. This in turn has given rise to the following questions: how should the very concept of sovereignty be understood today? Given the growing importance of international organizations and regional integrational arrangements can the concept of sovereignty be extended to cover entities other than states; and in case of the European Union, what makes us think in terms of sovereignty rather than autonomy? This analysis is an attempt to apply the concept of sovereignty to contemporary international organizations. The main thesis is as follows: in the case of international organizations, especially a new type of organization, it is also legitimate to consider a narrative in terms of sovereignty, not just autonomy. The example studied here is the European Union as an international organization-cum-regional integrational arrangement.

The European Union and the Law of Treaties: A Fruitful Relationship

European Journal of International Law ◽

10.1093/ejil/chz057 ◽

2019 ◽

Vol 30 (3) ◽

pp. 721-751

Author(s):

Paz Andrés Sáenz De Santa María

Keyword(s):

European Union ◽

International Law ◽

The European Union ◽

Provisional Application ◽

Frequent Use ◽

Starting Point ◽

Legal Nature ◽

Treaty Law ◽

Treaty Interpretation

Abstract This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.

eu Law Constraints on Intra-eu Investment Arbitration?

The Law and Practice of International Courts and Tribunals ◽

10.1163/15718034-12341342 ◽

2017 ◽

Vol 16 (1) ◽

pp. 71-86 ◽

Cited By ~ 2

Author(s):

Eirik Bjorge

Keyword(s):

European Union ◽

International Law ◽

Arbitral Tribunal ◽

Eu Law ◽

The European Union ◽

Bilateral Investment Treaty ◽

Investment Treaty ◽

Investment Arbitration ◽

Energy Charter Treaty ◽

The Law

This article questions whether the law of the European Union (eu) can impose jurisdictional constraints on so-called intra-eu investment arbitration proceedings. Would an arbitral tribunal hearing an intra-eu case under either a bilateral investment treaty (bit) or under the Energy Charter Treaty (ect) have to declare itself incompetent to conduct the case proceedings owing to the operation of eu law? This article subjects that proposition to criticism, finding that, for a number of reasons, connected either with the drafting of the bit or the ect or the operation of general principles of international law, it does not withstand scrutiny. An arbitral tribunal seized of a treaty claim under a bit or the ect cannot rely on eu law to negate rights expressly granted under the instrument providing for its jurisdiction.

The Oxford Guide to Treaties

10.1093/law/9780198848349.001.0001 ◽

2020 ◽

Keyword(s):

European Union ◽

International Relations ◽

International Law ◽

Reference Point ◽

International Agreements ◽

International Agreement ◽

The European Union ◽

Trade Relations ◽

Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

Conclusion

10.1093/oso/9780190611231.003.0011 ◽

2018 ◽

Author(s):

Edward Chukwuemeke Okeke

Keyword(s):

International Relations ◽

International Law ◽

International Community ◽

Course Of Action ◽

The Law

The conclusion makes the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. Contrary to the polemic that immunity breeds impunity, jurisdictional immunities promote respect for international law rather than undermine it. Even where a State or an international organization is immune, it may still be responsible for a wrongful act. To be sure, immunities can be abused. However, abuse of immunity is a different question from the necessity of immunity. The book concludes with the submission that if the international community finds the international law of jurisdictional immunities of States and international organizations to be illegitimate or inadequate, then the proper course of action is to re-evaluate the goals served by the law.

4. International organizations, states, and global governance

The Politics of International Law ◽

10.1093/hepl/9780198791201.003.0004 ◽

2021 ◽

pp. 69-90

Author(s):

Nicole Scicluna

Keyword(s):

Nineteenth Century ◽

European Union ◽

International Relations ◽

United Nations ◽

International Law ◽

Global Governance ◽

The European Union ◽

Western Values

This chapter evaluates global governance and how it relates to international law. It addresses the role of international organizations in processes of global governance, charting their rise from the nineteenth century onwards. Two international organizations exemplify semi-legalized governance beyond the state: the United Nations and the European Union. Sovereign states, of course, continue to play a central role in the institutions, processes, and mechanisms of global governance. The chapter then explores the extent to which a state’s power, influence, and legitimacy are affected by factors such as its domestic political arrangements and its adherence to the liberal, Western values that underpin the postwar order. It also assesses whether the proliferation of legalized and semi-legalized global governance regimes amounts to a constitutionalization of international relations.

The European Union and Migration: An Interplay of National, Regional, and International Law

AJIL Unbound ◽

10.1017/aju.2018.4 ◽

2017 ◽

Vol 111 ◽

pp. 509-513

Author(s):

Iris Goldner Lang

Keyword(s):

European Union ◽

International Law ◽

The European Union ◽

Member States ◽

Global Migration ◽

Eu Member States ◽

The Law ◽

Migration Law ◽

The Eu ◽

Third Country Nationals

If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.