European Court of Justice

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Could International Law Stop a No-Deal Brexit?

October 16, 2019

At the time of writing – less than 3 weeks until the current ‘Brexit day’ of 31 October 2019 -  all options relating to the UK’s departure from the European Union appear to be on the table. Leaving with a deal, ‘crashing out’, not leaving at all, or anything in between seem equally possible. Much attention has been paid to the UK’s constitutional requirements governing the executive’s actions in relation to Brexit, as well as the domestic legal consequences of flouting them. The possibility of Prime Minister Johnson going to jail for violating these requirements has even been considered. However, not much has been said about the potential international law consequences. Here I explore whether international law could prevent a No-Deal Brexit – or, more precisely, whether a failure to comply with domestic constitutional requirements may prevent the UK’s withdrawal from the EU from taking effect in international law. This discussion draws on my recent work exploring the role of domestic law in the…

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Human Rights Regulation in the Tech Sector? The European Court of Justice’s Facebook Decision and California’s AB5 Gig Economy Bill

October 8, 2019

BigTech may well be the new BigPharma where local, national, or regional human rights-based litigation and human rights-based regulation is concerned.  While the recent exchanges between US presidential candidate Senator Elizabeth Warren and Facebook's Mark Zuckerberg signal a looming antitrust showdown, recent regional judicial and local legislative developments concretely demonstrate the human rights-based trajectory of…

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Brexit Means Brexit: Does It so When It Comes to EU Citizenship?

March 15, 2019

Following a dramatic referendum, the United Kingdom triggered Art. 50 of the TEU in March 2017 officially commencing its withdrawal from the EU. At first glance, one of the many consequences of the move is the loss of EU citizenship for all British citizens as they will no longer be ‘holding the nationality of a Member State’…

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Achmea: The principle of autonomy and its implications for intra and extra-EU BITs

March 27, 2018

On 6 March 2018, the CJEU issued its judgment in Case C-284/16 Achmea, where it opined that intra-EU BITs and in particular their ISDS provisions are incompatible with the principle of autonomy of EU law. In a rather brief judgment, the Court found the ISDS provision under the Netherlands-Slovakia BIT has an adverse effect on the autonomy…

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Je Suis Achbita!

February 19, 2018

Achbita, decided in March 2017 is not a run of the mill case. It raised what I think are hugely difficult conceptual legal issues. It also comes at a delicate moment in the social and political life of Europe, where the Court of Justice of the European Union is an important actor in shaping the climate and defining…

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