Review Essay

• Palchetti, Paolo 1

Abstract

The three books under review analyse for the main part the impact of the European Union (EU) on the practice of international law. All three show the difficulties the EU faces in reconciling its ambition to fully participate in international life with the preservation of certain special features that characterize its internal structure. They also illustrate how the international action of the EU is characterized by a constant effort to ensure that its special features are accepted by the other actors. In this review essay, I discuss the legal challenges faced by the EU at the international level by focusing on the sui generis nature of the EU as an international subject. I consider the different visions of the EU that transpire from each of these books, highlighting the tendency that sometimes emerges to overemphasize the ‘special features’ of the EU at the expense of a balanced consideration of the possible implications of EU-centred solutions for the other actors involved. While no doubt the EU presents particular features that have no parallel in any other international organization, this, in itself, can hardly be used as an argument to justify that a special treatment be accorded to the EU. The recognition of a special status requires some degree of acceptance by the other actors on the international stage. I conclude by noting that the EU’s ‘specialness’ appears to have the effect of limiting its capacity to contribute to international law-making.

• 1Professor of International Law, University of Macerata, Italy; Research Fellow, Berlin Potsdam Research Group, International Rule of Law – Rise or Decline?