The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international law
<p class="first" id="d1244197e91">The contribution of international organisations (IOs) to the process of identification, codification or development of rules of general international law is one still enveloped in a measure of mystery. While the Unit...
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| Format: | Article |
| Language: | English |
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UCL Press
2021-09-01
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| Series: | Europe and the World |
| Online Access: | https://uclpress.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.35 |
| _version_ | 1797896105347776512 |
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| author | Teresa Cabrita |
| author_facet | Teresa Cabrita |
| author_sort | Teresa Cabrita |
| collection | DOAJ |
| description | <p class="first" id="d1244197e91">The contribution of international organisations (IOs) to the process of identification,
codification or development of rules of general international law is one still enveloped
in a measure of mystery. While the United Nations (UN) International Law Commission
(ILC) has long relied on IOs’ practice, and the practice of States within IOs, in
carrying out its work, it has only recently begun to address the role that IOs might
play in the formation or expression of rules of customary international law,
<i>jus cogens</i> or general principles of law. In this process, the European Union (EU) has long been
seen as an ‘odd’ fit. From the point of view of general international law, EU integration
forms an apparent paradox: on the one hand, the degree of transfer of powers to the
organisation renders it particularly well suited to be a ‘
<i>jus</i> generative’ force and a useful source of practice for the ILC’s work; on the other,
its ‘exceptionalism’ often militates against the reliance on EU-related practice as
evidence of existing or emerging rules of general application. This article looks
at the effects of this ‘integration paradox’ in the ILC’s work by reviewing the references
to, and the use of, EU practice in eight distinct codification projects, combined
with interviews with ILC members and EU officials. It provides an ILC (outside) view
on the relevance of EU practice for the identification, codification, and development
of rules of general international law. This view, in turn, has implications for the
operation of an EU (inside) foreign policy objective: its ambition to contribute to
the development of international law, as expressed in Article 3(5) of the Treaty on
European Union (TEU).
</p> |
| first_indexed | 2024-04-10T07:37:35Z |
| format | Article |
| id | doaj.art-295bb2b9cebf4ccb93da00a1ad3bac8f |
| institution | Directory Open Access Journal |
| issn | 2399-2875 |
| language | English |
| last_indexed | 2024-04-10T07:37:35Z |
| publishDate | 2021-09-01 |
| publisher | UCL Press |
| record_format | Article |
| series | Europe and the World |
| spelling | doaj.art-295bb2b9cebf4ccb93da00a1ad3bac8f2023-02-23T12:24:38ZengUCL PressEurope and the World2399-28752021-09-01510.14324/111.444.ewlj.2021.35The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international lawTeresa Cabrita<p class="first" id="d1244197e91">The contribution of international organisations (IOs) to the process of identification, codification or development of rules of general international law is one still enveloped in a measure of mystery. While the United Nations (UN) International Law Commission (ILC) has long relied on IOs’ practice, and the practice of States within IOs, in carrying out its work, it has only recently begun to address the role that IOs might play in the formation or expression of rules of customary international law, <i>jus cogens</i> or general principles of law. In this process, the European Union (EU) has long been seen as an ‘odd’ fit. From the point of view of general international law, EU integration forms an apparent paradox: on the one hand, the degree of transfer of powers to the organisation renders it particularly well suited to be a ‘ <i>jus</i> generative’ force and a useful source of practice for the ILC’s work; on the other, its ‘exceptionalism’ often militates against the reliance on EU-related practice as evidence of existing or emerging rules of general application. This article looks at the effects of this ‘integration paradox’ in the ILC’s work by reviewing the references to, and the use of, EU practice in eight distinct codification projects, combined with interviews with ILC members and EU officials. It provides an ILC (outside) view on the relevance of EU practice for the identification, codification, and development of rules of general international law. This view, in turn, has implications for the operation of an EU (inside) foreign policy objective: its ambition to contribute to the development of international law, as expressed in Article 3(5) of the Treaty on European Union (TEU). </p>https://uclpress.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.35 |
| spellingShingle | Teresa Cabrita The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international law Europe and the World |
| title | The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international law |
| title_full | The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international law |
| title_fullStr | The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international law |
| title_full_unstemmed | The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international law |
| title_short | The integration paradox: an ILC view on the EU contribution to the codification and development of rules of general international law |
| title_sort | integration paradox an ilc view on the eu contribution to the codification and development of rules of general international law |
| url | https://uclpress.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.35 |
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