Controversial aspects of the interaction between international and EU law in environmental matters: direct effect and Member States' unilateral measures

This chapter will tackle two basic questions: i) whether and, if so, to what extent international environmental principles and rules are relevant to the interpretation and application of EU environmental law; and ii) whether international law is relevant to issues of EU competence, both internally and externally, in the field of environmental protection, with specific reference to the problem of distribution of competencies between the EU and its member states and the practice of mixed environmental agreements. The chapter will first remind that international law, especially after the Lisbon Treaty, is most relevant both to the interpretation and application of EU environmental law and to the way EU law deals with issues of competence and sharing of powers in the environmental area. In the light of existing ECJ case law, the chapter will then identify and discuss the persistent obstacles to a full and consistent ‘internationalization’ of EU environmental law. In particular, the following aspects arising from EU practice will be critically assessed: i) the scant attention paid to the wider international framework when applying EU environmental principles and legislation; ii) direct effect of international environmental law; and iii) the stigmatization of member states’ environmental ‘unilateralism’ both at the substantive and dispute settlement levels.