Journal Article

European Exceptionalism in International Law

Magdalena Ličková

in European Journal of International Law

Published on behalf of The EJIL

Volume 19, issue 3, pages 463-490
Published in print June 2008 | ISSN: 0938-5428
Published online June 2008 | e-ISSN: 1464-3596 | DOI: https://dx.doi.org/10.1093/ejil/chn028
European Exceptionalism in International Law

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For Member States of the European Union, participation in this supranational organization has increased the number of difficulties in the international arena. Occasionally, the expanding legislative activity of the European institutions reaches out beyond the borders of the European legal system and incidentally affects the EU Member States’ autonomous relations with third parties. Consequently the EU and its members, often with success, seek third parties’ consent to exceptional treatment. Because of their number and significance, such derogations have inspired this article to inquire into their expansion and legal status under international law. Even though the EU-related exceptions have not created an international customary rule, the article observes that European integration shapes international rules in diverse fields and adjusts them to its needs. Since European integration is designed to administer and regulate an increasing number of issues, the autonomous international obligations of the EU Member States may become an obstacle. Because the European Union is likely to continue using special treatment in the future, it is important to assess how far the supranational exception can go in order to accommodate all interests at stake.

Journal Article.  15114 words. 

Subjects: Public International Law

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