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How to circumvent EU’s procedural obstacles to secure EU’s fishing rights in Svalbard

Name(required) Email(required) Website Message Submit The conflicting interpretations as to the territorial scope of the 1920 Treaty of Paris have sparked some tensions between certain EU Member-States and Norway over the fishing rights to catch snow-crabs in the Svalbard archipelago. This post reports the failed attempts made by the affected EU Member-States to channel their disgruntlement through the EU Institutions against Norway’s violations of the Treaty of Paris. Secondly, this post suggests how these States may directly take international legal actions by using bilateral instruments respectively entered into with Norway. EU’s failure to take a strong stance In 2016 a Lithuanian trawler holding an EU license to catch snow-crab in Svalbard waters was seized by Norwegian Coastguard and fined by Norway’s Supreme Court, because it did not possess a Norwegian licence. This again happened the following year in 2017 to a Latvian trawler. Consequently, most of EU trawlers have been deterred from catching snow-grabs and so remained docked at…

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The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice: A Reply to Our Critics

A few weeks ago, we published a proposal, in the form of a Position Paper, for the creation of a Mixed Chamber at the Court of Justice as a means, in part, of addressing the issues highlighted by the May 5th Weiss decision of the German Constitutional Court. This Chamber, to be composed of sitting members of the…

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Why The Netherlands should ratify CETA

International law has been front-page news in The Netherlands for the past weeks as the Dutch Parliament is debating whether or not to ratify the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA). The so-called Second Chamber (Chamber of Representatives) approved such ratification in February 2020 and the issue will be put to a…

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How Europe’s Legal Equilibrium Unravelled

Two weeks on since the German Constitutional Court issued its momentous ruling on the ECB’s quantitative easing programme, commentators are still wondering what kind of bomb has been detonated by the German Court. Will the blast bring down the Euro along with the European Union? Or will a makeshift arrangement of some sort allow the EU to kick the can…

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Killing all birds with one stone: Is this the end of Intra-EU BITs (as we know them)

On 5 May 2020, 23 EU Member States, except for Austria, Ireland, Finland, and Sweden, signed the Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union (the Agreement). Its adoption is the latest development in the debate on the incompatibility of bilateral investment treaties between Member States (Intra-EU BITs) with…

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