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EJIL: The Podcast! Episode 6 – Trumping International Law?

This episode examines the effects of the four years of the Trump Administration on international law. I am joined by Joseph Weiler, Co-Editor in Chief of EJIL and University Professor at New York University School of Law; Neha Jain, Professor of Public International Law at the European University Institute; and Chimene Keitner, who is Alfred and Hanna Fromm Professor of International Law at the University of California Hastings and who served as Counsellor on International Law at the US State Department from 2016 to 2017. In our conversation, we explore the impact of the last four years on the future of multilateralism. To what extent did the Trump Administrations policies affect or change the foundations of the international legal system or help to reshape certain structural features across that system. We discuss the effect of Trump Administration policies on a range of international institutions, including the World Trade Organization and the International Criminal Court. Did those policies simply expose weaknesses in those institutions? How might those weaknesses be remedied, and how…

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China’s Recent Restrictions on Trade and the SPS Agreement

Since June 2020, China turned its eye on trade measures to battle the spread of COVID-19 in its country. It introduced several measures, from extensive testing of containers and content of imported food and agricultural products to complete import bans of specific products (such as pork from Tönnies and poultry products from Tyson Foods Inc.

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Secondary Sanctions: A Weapon out of Control? Part III: Looking beyond the WTO – possible avenues to raise a Judicial Challenge against Secondary Sanctions

Judicial remedies at the domestic and international level In our two previous posts we examined the legality of secondary sanctions in light of customary law on the exercise of State jurisdiction, on the one end (here), and conventional law, specifically the IMF Articles of Agreement, on the other hand (here). Having established that, depending…

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The second chapter on a national security exception in WTO law: the panel report in Saudi Arabia – Protection of IPR

Introduction For many decades, national security exceptions had been dealt with only in rare instances, under the GATT 1947 regime as well as under the law of the WTO. The scope and design of the national security exception of Art. XXI GATT 1947 which served as a model for Art. XIV bis GATS and Art. 73 TRIPS has…

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Justified Border Closures do not violate the International Health Regulations 2005

Rapidly developing pandemics require governments to use their best endeavours to protect their populations.  International law permits them to do this provided they observe certain conditions, but limits on the reach of the World Health Organization (WHO) International Health Regulations 2005 (IHR) have previously been insufficiently appreciated. In mid-February 2020 The Lancet published a piece by…

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