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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 [...]
Filed under: EC-Law, ECJ, EU-Law, EU/EC Law, States | Leave a Comment »
On 29 October 2009, Attorney General Bot published his Opinion on a preliminary reference addressed to the European Court of Justice by a German court on the application of the EC-Israel Association Agreement in the context of products originating from the occupied Palestinian territories and the question of their entitlement to preferential customs treatment under [...]
Filed under: Corporations in International Law, ECJ, EU/EC Law, Human Rights, Middle East Crisis, Public International Law | 1 Comment »
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 [...]
Filed under: EC-Law, ECJ, ECtHR, Environmental Law, EU-Law, EU/EC Law, Human Rights, Regional Human Rights, Regional Human Rights Protection | Leave a Comment »
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 [...]
Filed under: EC-Law, ECJ, Environmental Law, Human Rights, International Environmental Law, Law of the sea | Leave a Comment »
Having only recently considered the normative importance and weight of the provision in Article 15(c) of the European Refugee Qualification Directive (mentioned here and here), the following is a timely and, to a certain extent, also welcomed judicial instance. On 17 January the Grand Chamber of the European Court of Justice rendered its preliminary ruling [...]
Filed under: ECJ, EU Common Foreign and Security Policy, EU/EC Law, Human Rights | Leave a Comment »
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 [...]
Filed under: EC-Law, ECJ, EU Common Foreign and Security Policy, EU-Law, EU/EC Law, International terrorism, Public International Law | Leave a Comment »
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 [...]
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The European Court of Justice handed down its decision in the Kadi and Al-Barakaat joint cases on 3 September 2008.[1] After reviewing the treatment of the case by the Court of First Instance with considerable attention, the Court divided its conclusions into three separate but interdependent issues: (i) the Council’s competence in adopting the regulation [...]
Filed under: EC-Law, ECJ, EU/EC Law, Public International Law | 4 Comments »
This is the appeal stated by Lüder Gerken, director of the Centre for European Policy, and Roman Herzog, former President of Germany and former judge at the German Federal Constitutional Court. They illuminate their reasons behind this rather radical-sounding position in an article published in the German newspaper Frankfurter Allgemeine Zeitung from the 8 September. An [...]
Filed under: EC-Law, ECJ, EU/EC Law, International Courts | Leave a Comment »
In the case C-432/05 (Unibet [London] Ltd, Unibet [International] Ltd v. Justitiekanslern) the European Court of Justice once again managed to refer to the – still legally non-binding – Charter of Fundamental Rights of the European Union. And as before in the case C-540/03 it seems as if the Court did not actually have to [...]
Filed under: EC-Law, ECJ, EU-Law, EU/EC Law, Human Rights | Leave a Comment »
