European Society of International Law
Interest Group The European Union as a Global Actor
Riga, 7-10 September 2016
The Contribution of the European Union
to the International Legal Order
La contribution de l’Union européenne
à l’ordre juridique international
CALL FOR PAPERS
The coming of age of the EU as a global actor slowly turns the EU from a recipient into a
contributor to the further development of international law. Since the Treaty of Lisbon in
particular, the EU treaties reveal the EU’s global ambitions in this area, which basically boil down
to the idea that the EU should – at least partly – shift its focus from its own Member States to
third states – thereby even limiting the possibilities for the Member States to contribute to
international law-making.
The relationship between EU law and international law has been studied extensively. Yet, this
workshop is not about the effects of international law, but rather about the effects on international
law. So, where the question of the ‘Europeanisation of international law’ is usually understood as
dealing with the way in which international law is ‘Europeanised’ when it becomes part of the EU
legal order (leading to questions on the emergence of a distinct European system of international
law or the consequences of this ‘Europeanisation’ for the unity and coherence of public
international law), this workshop aims to assess the way in which international law is ‘Europeanised’
outside the EU.
By now the EU has a legal relationship with almost all states in the world and it is an active
participant in many international organizations (either directly or through its Member States). It
has been held that the EU is a global normative actor, in particular in the promotion of its own
values and by influencing global policy-making. Yet, influencing policies is not the same as
influencing legal norms. International law is known for its quite strict rules on what it considers to
be a legitimate source. The question is to which extend EU practice may indeed contribute to
international law-making.
Article 3(5) TEU is quite clear on the notion that the EU’s role is not limited to internal lawmaking:
“In its relations with the wider world, the Union shall uphold and promote its values and
interests and contribute to the protection of its citizens. It shall contribute to peace, security, the
sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair
trade, eradication of poverty and the protection of human rights, in particular the rights of the
child, as well as to the strict observance and the development of international law, including respect for
the principles of the United Nations Charter.”
In doing so, the European Union seeks inspiration in its own development. Article 21(1) TEU
provides: “The Union’s action on the international scene shall be guided by the principles which have
inspired its own creation, development and enlargement, and which it seeks to advance in the wider
world: democracy, the rule of law, the universality and indivisibility of human rights and
fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and
respect for the principles of the United Nations Charter and international law.”
References to international law can be found throughout the Treaties. The same holds true for the
United Nations. In fact, the attention to the United Nations and its principles in the EU treaties is
overwhelming; the United Nations is referred to 19 times in the current EU treaties (including the
Protocols and Declarations). The EU obviously regards many of its actions as being part of a global
governance programme.
Going back in time, ‘Europe’ has of course always played a large role in international law-making.
The question whether international law is a European invention forms the source of extensive
academic debates. These debates, however, focus on the role of European states in international
law-making, whereas the present workshop aims to look at the role of the European Union. Over
the years, this distinct level of governance and law-making not only obtained its own internal
dynamic, but equally put its mark on the development of key areas of international law, such as
international trade law and environmental law.
The key question leading the workshop will be to which extend the European Union is
able to have an effect on the development of international law, both in a doctrinal and a
practical manner.
Papers may be in both English and French. Please mail your title and short abstract as soon as possible to
ramses.wessel@utwente.nl Proposals will be selected by the IG Coordinators. Please feel free to distribute this call to
others. More information on the ESIL Annual Conference can be found here.
The Interest Group Coordinators
Piet Eeckhout, Christine Kaddous, Anne Thies, Ramses A. Wessel
The latest issue of the Human Rights Review (Vol. 17, no. 2, June 2016) is out. Contents include:
