Archivo de Etiquetas: CONCLUSION

EU Trade Law Elgar European Law series Rafael Leal-Arcas, Jean Monnet Chaired Professor of EU International Economic Law, Professor of European and International Economic Law and Director of Research, Queen Mary University of London, UK ISBN: 9781788977401Publicado: 2019Páginas: 352 eISBN: 9781788977418 Publicado: 2019Páginas: 352 This comprehensive book provides a thorough …

In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules. Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade. This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness. The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation. This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority? In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.

Women in International Law: A Vanishing Act? The recent nominations for judicial posts at the UN International Residual Mechanism for Criminal Tribunals (IRMCT) have caused outrage. However, the frustration expressed regarding the lack of adequate representation of women on the international stage is not new. The issue is not just …

Palestine v United States: Why the ICJ does not need to decide whether Palestine is a state Palestine’s institution of proceedings against the United States before the International Court of Justice (ICJ) has already drawn much attention on this blog (see here and here) and elsewhere. A great deal has …

The ICJ’s Provisional Measures Order in Alleged Violations of the 1955 Treaty (Iran v United States) The ICJ this morning issued its Order regarding Iran’s request for the indication of provisional measures in Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Iran v United States). …

Antarctic Environment Protocol Challenges and Achievements: 20 Years in Force Introduction On 4 October 1991, almost 27 years ago, negotiation of the Environmental Protocol to the Antarctic Treaty (the “Protocol”) finished in Madrid. On 14 January 1998, two decades ago, the Protocol made its entry into force. Now, the Protocol is compulsory …

A New Extraterritorial Jurisdictional Link Recognised by the IACtHR In its recently published Advisory Opinion on “The Environment and Human Rights” of 15 November 2017 (in EJIL: Talk! summarized here; on its potential diagonal effect see here), the Inter-American Court is the first human rights court to recognise a new extraterritorial …

A New Legal Framework for the Enforcement of Settlement Agreements Reached through International Mediation: UNCITRAL Concludes Negotiations on Convention and Draft Model Law Introduction On February 9, 2018, the United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II concluded negotiations on a convention and model law on the …

Foreign Office Certificates and Diplomatic Immunity in the Assange Affair The Assange saga continues with recent decisions in the English Courts upholding the warrant for Julian Assange’s arrest. Dapo’s recent post on Ecuador’s purported appointment of Julian Assange as one of its diplomats to the UK considered the position on …