Abstract

This chapter first considers the more formal basis for the relationship between international law and European Union (EU) law by looking at the international law framework of EU law. It then discusses the approach of the EU legal order to international law and the various ways in which the two legal orders interact within the EU legal order. The chapter also considers reasons for and implications of the CJEU's approach. The Court of Justice of the European Union (CJEU) has held that customary international law (CIL), just like treaty law, is a standard of assessment in the review of the validity of EU secondary legislation, thus ranking CIL more highly within the EU legal order than secondary legislation. Treaties in the area of human rights have enjoyed a relatively strong role within EU law, either by interpretation or by linking them to general principles of law.