The European Journal of International Law Vol. 19 no. 3 © EJIL 2008; all rights reserved
European Exceptionalism in International Law
ková*
* LL.M. 2007, Harvard Law School, PhD candidate at Université Paris I – Sorbonne, France, and the University of West Bohemia in Plze
, Czech Republic
Email: Magdalena.Lickova{at}post.harvard.edu
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Abstract |
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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.