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Is the EU realizing an externally just green transition? A short analysis of the Carbon Border Adjustment Mechanism from the perspective of the CBDR principle and the right to development of LDCs.

The EU is on track to adopting by the end of this year the regulation establishing the Carbon Border Adjustment Mechanism (“CBAM”) with the trialogues (informal negotiations between the European Parliament and the Council, involving the Commission, during which a common approach to a legal act is agreed, based on amendments proposed by both co-legislators) currently taking place . In brief, the CBAM will impose on certain imported products (cement, iron and steel, aluminum, fertilizers, electricity) a carbon price that will mirror the price of CO2 allowances in the EU’s Emission Trading System (EU ETS). In theory, the equalization of the carbon price should lead to the creation of a leveled playing field between manufacturers from the EU and third countries. The purpose of the instrument is to protect the EU against carbon leakage at the same time enabling the adoption of more stringent domestic climate mitigation policies, which are intended to lead to a reduction of emissions by 55% (compared to 1990 levels) till 2030. The CBAM sparks countless controversies, especially related…

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The European Union’s Sanctioning of Russian Military Officers: An Urge for Caution

Introduction As of 21 July 2022, the European Union (EU) has adopted seven rounds of restrictive measures (commonly referred to as ‘sanctions’) against the Russian Federation following its full-scale invasion of Ukraine in February 2022. The latest two rounds (adopted on 3 June and 21 July 2022, respectively) – in addition to containing…

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Mass Intervention?: The Joint Statement of 41 States on Ukraine v. Russia

On 20 May 2022, 41 states and the EU issued a Joint Statement regarding the pending ICJ proceedings in Ukraine v. Russia. The Joint Statement indicates that the signatories agree “to explore all options to support Ukraine in its efforts before the ICJ and to consider a possible intervention in these proceedings”. One of the signatories, Romania, had…

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The European Commission’s proposal for a directive on corporate sustainability due diligence: two paradoxes

On 23 February 2022, the European Commission (EC) published a proposal for a directive on corporate sustainability due diligence (proposal). The proposal has already attracted much scholarly and stakeholder commentary. In this blog we focus on two significant issues not yet addressed. First, the proposal does not  refer to European regional human rights instruments such as the…

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A first insight into the EU proposal for a Directive on countering violence against women and domestic violence

On 8. March 2022, the European Commission launched the long-awaited proposal for a Directive on combating violence against women and domestic violence (the EU proposal or draft Directive). The proposal overtly declares to fill a gap in EU law, where there is no act specifically addressing VAW and DV (several instruments respond to specific aspects, such as…

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