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Proposed EU Regulation to Address Third Country Coercion – What is Coercion?

The European Union (“EU”) is considering the adoption of a new “anti-coercion” instrument.  A proposal for the adoption of a “Regulation of the European Parliament and of the Council on the Protection of the Union and its Member States from Economic Coercion by Third Countries” (“Draft Regulation”) was published on 8 December 2021, and is currently under discussion. The Draft Regulation, if adopted, would empower the European Commission (“Commission”) to adopt a number of actions in response to coercion by third countries.  In this piece, I will first summarize the approach in the Draft Regulation, to defining coercion.  Then I will turn to the process under the Draft Regulation for identifying coercion, and the potential responses set out in the Draft Regulation.  Third, I will summarize the narrative, under the Draft regulation, that some of the potential responses to coercion will constitute lawful countermeasures under international law.  Finally, I will discuss the critical assumption underlying this narrative of countermeasures, that coercion (as defined in the Draft Regulation) is an internationally wrongful…

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Self-Constitution of Mankind without Constitutional Constructivism?

Philip Allott’s recent essay on EJIL: Talk! criticized power-oriented conceptions of ‘international law among sovereign states’ that privilege the self-interests of governments and contribute to the ‘collapse of global government’. His description of international relations as ‘a lawless world’ and ‘a legal wasteland in which those involved in events and transactions can pick and choose among competing…

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Nottebohm Under Attack (Again): Is it Time for Reconciliation?

Introduction The Nottebohm judgment has recently come under attack in the context of the European Commission’s position on investment by citizenship (CBI) schemes, also known as “golden passport” programmes. These schemes allow individuals to obtain a second citizenship in a host country in exchange for financial investments or even just a flat fee. On 20…

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International Economic Law in a Time of Global Perils: Omicron and other COVID variants, Climate Change, Human Rights, and Development

The World Trade Organization decided to indefinitely postpone its 12th Ministerial Conference, originally scheduled for this week (30 November to 3 December), due to travel constraints for many delegations coming from countries that had already imposed travel bans and other restrictions due to the new Omicron variant.  The 12th Ministerial was slated to take up a…

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An International Law Assessment of the Collective Self-defence Clause of the 2021 Treaty on the ‘Establishment of Strategic Partnership of Cooperation in Matters of Defence and Security’ between Greece and France

On 28 September 2021 France and Greece concluded a bilateral treaty on the ‘Establishment of Strategic Partnership of Cooperation in Matters of Defence and Security’ (see the Greek and French version here. The Treaty has not been translated yet into English). The Treaty is premised on a community of interests in matters of foreign policy, defence, and…

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