ECJ on the duty of Member States to eliminate incompatibilities of investment agreements with the EC Treaty

Today the ECJ issued two judgments on the failure of Member States to adopt appropriate measures to eliminate incompatibilities of bilateral investment agreements  which they entered into with third countries prior to their accession to the EU.  The Court ruled that Austria (Case C-205/06) and Sweden (C-249/06) have failed to fulfil their obligations according to [...]

Who is a civilian in Gaza? The dangers of adopting a membership approach to “direct participation in hostilities”

Modern warfare has for a considerable time presented a challenge for the application of the classical laws of war, thereby contributing to their distortion. One of the foundational rules of international humanitarian law, which has been affected by this very symptom, is the principle of distinction. In other words, the question that is asked of [...]

The Homer Defence

The “Homer Defence” has, according to the Times, been pleaded before a UK court for the first time. In relation to a firearms offense, the accused’s lawyer pleaded that his client was “like the cartoon character Homer Simpson… [discharging a Taser gun] was a silly thing for him to do but he hasn’t used it [...]

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