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  • 7 - The Court of Justice of the EU and CIL Interpretation

  • from Part II - Methods of CIL Interpretation in International Courts
  • Edited by Marina Fortuna, Rijksuniversiteit Groningen, The Netherlands, Kostia Gorobets, Rijksuniversiteit Groningen, The Netherlands, Panos Merkouris, Rijksuniversiteit Groningen, The Netherlands, Andreas Føllesdal, Universitetet i Oslo, Geir Ulfstein, Universitetet i Oslo, Pauline Westerman, Rijksuniversiteit Groningen, The Netherlands
  • Book:
    Customary International Law and Its Interpretation by International Courts
    Published online:
    22 November 2024
    Print publication:
    28 November 2024, pp 156-185
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  • Summary

    It is uncontested that the European Union (EU) – endowed with distinct international legal personality (pursuant to Article 47 of the Treaty on European Union) and being a subject of international law – is bound by relevant norms of customary international law (CIL). Rules of CIL form an integral part of the EU legal order, and the Court of Justice of the EU (CJEU) must use CIL at least as an interpretive tool. Still, the CJEU’s interpretations of CIL norms and the interpretative methods and techniques it employs have received little attention in legal scholarship. This chapter aims to map and understand the ways in which the CJEU interprets CIL rules and compares them to those that exist for the interpretation of treaties under the Vienna Convention on the Law of Treaties.