Archivo de Etiquetas: treaty

The Brexit Bill and the Law of Treaties As has been widely reported in the media (e.g. The Guardian, the BBC), the House of Lords reached two main legal conclusions in its March 2017 report on Brexit and the EU budget: Article 50 TEU allows the UK to leave the …

Taking the ‘Union’ out of ‘EU’: The EU-Turkey Statement on the Syrian Refugee Crisis as an Agreement Between States under International Law Almost one year after its conclusion, the Court of Justice of the European Union (CJEU) has eventually made clear the real nature of the ‘so-called’ EU-Turkey Statement. The …

‘Terrorism’ at the World Court: Ukraine v Russia as an Opportunity for Greater Guidance on Relevant Obligations? Recently, Ukraine instituted proceedings against Russia before the ICJ, alleging violations of both the International Convention for the Suppression of the Financing of Terrorism (the ‘Convention’) and the International Convention on the Elimination …

War by Any Other Name? It’s Still War by Gabor Rona and Jocelyn Getgen Kestenbaum [Gabor Rona  is a Visiting Professor of Law and Director of the Law and Armed Conflict Project at Cardozo Law School. Jocelyn Getgen Kestenbaum is an Assistant Clinical Professor of Law and Director of the Cardozo Law Institute in Holocaust and Human …

Can’t Britain Exit Brexit? by Edward Swaine Yesterday, Prime Minister Theresa May had hand-delivered to Brussels—via a black Jaguar, taking a secret route!—a notice “in accordance with Article 50(2) of the Treaty on European Union of the United Kingdom’s intention to withdraw from the European Union.”  Brexit is happening, even …

The Status of Treaties in Domestic Law by David Stewart by David Stewart [David P. Stewart is Professor from Practice at Georgetown University Law Center.This is the third post in our symposium this week on treaty supremacy.] How are we to explain the yawning gap between the Founding Fathers’ clearly “monist” …

The African Union’s Collective Withdrawal from the ICC: Does Bad Law make for Good Politics? A number of news outlets reported last week that the African Union (AU) had adopted a strategy for collective withdrawal from the International Criminal Court (ICC) (see here, here and here). This follows withdrawals by …

Treaties in Constitutional Time by John Parry [John Parry is the Associate Dean of Faculty and Edward Brunet Professor of Law at the Lewis & Clark Law School. This is the fourth post in our symposium this week on treaty supremacy.] David Sloss’s fantastic new book restores order and sanity to …

Transnational Law and Justice Network Call for Papers: Transnational Criminal Law in the Americas May 4-5, 2017 Transnational organized crime is a major threat to international security. This has been recognized by the United Nations Report of the High-level Panel on Threats, Challenges and Change. One country’s success in limiting …

Trump and the UN by Kristen Boon Like most policy issues in his campaign, Trump’s references to the UN and multilateralism have been brief.   If one searches for Trump & the UN, the main hit are statements made in 2005 that he could do a much better job renovating the …

Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory …

Brexit and International Law In earlier posts (here and here) there was a discussion about the different scenarios that might play out following the UK’s vote to exit the European Union. These and other debates have focused largely on the legal implications for the UK and the European Union and …