Opening Remarks to The Editorial Team and Members of International Law Observer by Salma Yusuf

Greetings to fellow members of the international legal community representing the diverse jurisdictions and legal systems of the world! It is both a pleasure and a privilege to be welcomed to the distinguished Panel of Authors of the Editorial Team at the International Law Observer. Thank you, Dominik Zimmerman, Editor-in-Chief of the International Law Observer, [...]

Solving the Eurozone crisis: time is of the essence?

I’d like to start this post with a joke I heard recently. A speaker at an important conference goes on and on for what feels like ages. At some point a guy just stands up and starts heading for the door. The speaker is taken aback and asks: Excuse me, where are you going? The [...]

Shared responsibility for injury despite the existence or not of a wrongful act?

Here follows a scenario and a number of inter-related questions, which those looking to write an exciting master thesis might find interesting. This post relates to an underexplored, though interesting issue of shared responsibility for injury caused by acts which can or not be considered as ‘wrongful’. After all, injury can be sustained by a State [...]

The Demise of Europe?

In today’s Wall Street Journal Marcus Walker speculates that the admission of Turkey to the EU may be the only possibility left if Europe is to maintain its standing as an important international actor. The article somewhat echoes another article in this week’s Economist noting the need for the EU to become more realistic in [...]

Kadi: One Year On

As my first post I thought it appropriate to reflect on the September 2008 Kadi judgment of the ECJ, in which the Court held an EC Regulation to be in violation of fundamental rights.[i] What was fundamental to Kadi was that the EC Regulation at issue directly transposed a Chapter VII Security Council Resolution dealing [...]

A New EC Commissioner for Fundamental Rights?

Maybe if Barroso is re-elected and gets his way. EU Observer has the story.

EU Fundamental Rights and Counter-Terrorist Blacklisting in the Next Round: The El Morabit Decision of the CFI (T-37/07 and T-323/07)

A brief follow-up on the ECJ’s Kadi decision and the Court of First Instance’s (CFI) – slightly less famous – PMOI decisions we reported earlier on (see here, here and here). The Kadi decision dealt with an EU regulation implementing a UN blacklist which provided for the freezing of financial means of suspected Al Quaida [...]

German Constitutional Court approves but delays Lisbon Treaty

The German Constitutional Court in Karlsruhe today handed down a decision in which it approved the Lisbon Treaty but delayed its ratification. According to the Court, there are no decisive constitutional objections to the Act Approving the Treaty of Lisbon. The Lisbon treaty is as such compatible with the German basic law (Grundgesetz). Moreover, in [...]

European Parliament approves trade agreement with Turkmenistan despite its problematic human rights record

This week, on 22 April 2009, the European Parliament approved an interim trade agreement with Turkmenistan (for the full text of the resolution see here). Such an agreement would facilitate market access of Turkmen goods to the European Community and vice versa. This information would probably not be worthy of more than a minor note [...]

Waste and the Law

If you hold an interest in international environmental law, you might find the special rapport in this week’s Economist on waste interesting. Although waste does not at first sight concern international law and related areas, the rapport fascinatingly describes many of the challenges and problems which waste gives rise to.  Given that, on average, each [...]

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 [...]

EU to the Rescue of the Baltic Sea?

The EU Observer reports that the European Commission and the Swedish government (which takes over the rotating EU presidency in July), are contemplating plans for strengthening political cooperation in the Baltic Sea region in an attempt to address the problem of serious pollution in the area as well as the issue of energy supplies to [...]

EU Council removes Iranian organisation from terror list after EU Court judgment

After a battle of several year the Iranian opposition group People’s Mojahedin Organization of Iran (“PMOI”) has succeeded in getting its name off the EU’s black list of terrorist organisations. As EUobserver reported on Tuesday, the EU Foreign Ministers agreed to remove the name of the organization from the list due to a lack of evidence [...]

EU freezes upgrading of its economic relations with Israel

It seems that the disputed military attacks led on Gaza by Israel in the past weeks have caused first tangible consequences for its external economic relations. Last week, it was reported that EU Commissioner Benita Ferrero Waldner froze the plans to upgrade its economic relations with Israel (for further information, see the following article in [...]

Human Rights Watch’s 2009 Report

Human Rights Watch’s 2009 report is out. See report here, press release here and introduction by Kenneth Roth, Executive Director, here. Although there is every reason to exercise caution before relying too much on NGO information in general, the Report has some very good points. Alongside the usual and very valid condemnation of authoritarian regimes [...]

Future of the ECJ

Vlad Perju of Boston College of Law has just posted his recent paper “Reason and Authority in the European Court of Justice on SSRN (the paper is also available via the website of Virginia Journal of International Law, where the paper was recently published). The paper is very interesting and makes the, to many critics [...]

Czech Republic to take over EU-Presidency

Today, 1 January 2009, the Czech Republic will take over from France the Presidency of the European Union (official website). The Presidency mainly consists of the responsibility for the functioning of the Council of the EU (i.e. organizing and chairing all the meetings of the Council) but has also evolved into some sort of representational duty of the [...]

European Union grants duty-free access to developing countries for respecting human rights and “good governance” standards

On 9 December 2008 the European Commission stated that the products from 16 developing countries will benefit from duty-free access to the European Union under the “special incentive arrangement for sustainable development and good governance” (GSP+). The GSP+ is a specific tariff arrangement in the context of the Scheme of Generalised Tariff Preferences. It provides [...]

A tragedy in the making: EU profits and the Gaza Strip faces an intensifying humanitarian crisis

On the one hand, business is going as usual, the European Union is going through the required procedures and working groups in order to arrive at the most mutually profitably arrangement for the upgrading of its bi-lateral trade (plus) relations with Israel. The European Union’s 27 foreign ministers unanimously approved upgrading relations with Israel on [...]

EU court annuls counter-terrorist measure of the European Union

On 4 December the Court of First Instance delivered its judgment in the matter People’s Mojahedin Organization of Iran (“PMOI”) v Council of the European Union (Case T‑284/08), where it declares one of the EU’s key instruments for the “fight against terrorism” partly unlawful. This case concerns Council Decision 2008/583/EC of 15 July 2008 which [...]

Czech Constitutional Court gives green light to the Lisbon Treaty

Today the Czech Constitutional Court rendered its much awaited decision on the relationship between the Czech constitution and the Lisbon Treaty. The Court decided that “[t]he Treaty of Lisbon amending the Treaty on European Union and Treaty on establishing the European Community and Charter of Fundamental Rights of the European Union are not in conflict with the constitutional [...]

Swedish parliament votes in favor of the Lisbon Treaty

Yesterday, the Swedish parliament voted to approve the Lisbon Treaty (see press release here). After almost 9 hours of debate in the Riksdag, 243 MP voted in favour, 39 against, 13 abstentions (while 54 MP were not present). Apparently large parts of the debate in the parliament centered around issues that are of relevance from [...]

Hail to the Chief

Tomorrow the European Parliament is expected to approve a motion tabled by the Committee for Constitutional Affairs, which will adopt a flag, an anthem and a motto for the Union. Not surprisingly, the flag will be the well-known blue banner with the twelve stars. Equally unsurprising, the anthem will be based on the ‘Ode to [...]

EU Commission puts forward an enhanced minimum standard for maternity leave

On Friday 3 October, the European Commission published a proposal on the extension and the improvement of the EU law framework on maternity leave (COM(2008) 600/4). The proposal forms part of a package of measures aimed at helping women to align their work with their family life. More specifically, according to Social Affairs Commissioner Vladimir [...]

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