Introduction: The Europeanisation of International Law

Abstract

This is the introduction to a book that explores the consequences of European integration for the application of public international law in the European Union and its Member States. As a consequence of the combination of expansion of the regulatory domain of international law and the increasing scope of competences of the EU, much of international law becomes part of the legal order of the EU and in that sense is 'europeanised'. It is becoming a system that is distinguishable from general international law. The book focuses on one set of characteristics of europeanisation in particular: the consequences of europeanisation for the effects of public international law within the national legal orders of EU Member States. Normally, the constitutional law of each state determines the implementation of international obligations and the status and effect of such obligations on the national law level. However, for the Member States of the EU this 'classic' legal relationship between international and national law is modified into a new triangular relationship: international law, EU law and national law. Europeanisation of international law means that EU law determines how international law is to be applied in the EU Member States. The introduction explores the background, concept and manifestations of the Europeanisation of international law and provides a roadmap to the book.

Keywords: international law, european law, europeanisation, european integration

JEL Classification: K33