European Exceptionalism in International Law

Abstract

For Member States of the European Union, participation in this supranational organization has increased the number of diffi culties in the international arena. Occasionally, the expanding legislative activity of the European institutions reaches out beyond the borders of the European legal system and incidentally affects the EU Member States ' autonomous relations with third parties. Consequently the EU and its members, often with success, seek third parties ' consent to exceptional treatment. Because of their number and significance, such derogations have inspired this article to inquire into their expansion and legal status under international law. Even though the EU-related exceptions have not created an international customary rule, the article observes that European integration shapes international rules in diverse fi elds and adjusts them to its needs. Since European integration is designed to administerand regulate an increasing number of issues, the autonomous international obligations of the EU Member States may become an obstacle. Because the European Union is likely to continue using special treatment in the future, it is important to assess how far the supranational exception can go in order to accommodate all interests at stake.