Treaty Law

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Editorial: The UK Taken in Adultery. Who Will Cast the First Stone?

And the scribes and Pharisees brought unto him a woman taken in adultery; and when they had set her in the midst,[t]hey say unto him, Master, this woman was taken in adultery, in the very act. Now Moses in the law commanded us, that such should be stoned: but what sayest thou? So…He lifted up himself and said unto them, he that is without sin among you, let him first cast a stone at her. (John 8:3 et seq) It should come as no great surprise that the UK Government, in putting before Parliament the UK Internal Market Bill, is now spicing with illegality its torrid  meal  of irresponsibility and incompetence in the manner in which Brexit was managed –from the Cameron hors d’oeuvres, through the Theresa May main course and, now, the Boris dessert. And nota bene: I am not calling into question the Brexit decision itself. It is the amateurism of the process which is so stupefying. Were any of the issues now being raised by HMG –…

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Episode 5 of EJIL: The Podcast! “Breaking Bad – in a Specific and Limited Way”

In this episode of the podcast, Marko Milanovic, Sarah Nouwen, Philippa Webb and I analyse the Internal Market Bill which is currently going through the UK Parliament. The Bill is a remarkable piece of proposed legislation in that UK ministers, including the governments most senior legal advisers, admit that the aim of…

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On Hezbollah, Huawei, Homosexuality, Sharon Stone and a Chainsaw: The Economic Normalization Agreement between Serbia and Kosovo

On September 4, 2020, an economic relations agreement was signed between Serbia and Kosovo, as part of efforts to resolve the long-standing dispute about Kosovo’s independence. It was brokered by the Trump administration and signed at the White House. President Trump called the agreement historic and its signatories – the President of Serbia, Aleksandar Vučić, and Prime Minister…

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Uses and abuses of authentic interpretations of international investment agreements: Reflections on the role of arbitral tribunals as masters of the judicial function

In their previous posts, Catharine Titi and Tarcisio Gazzini discussed some general aspects concerning authentic (joint) interpretations of international investment agreements. They brilliantly clarified aspects concerning the timing of joint interpretations as well as the murky difference between interpretations and amendments of investment treaties. This post will not delve into what was already explained by my…

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The Timing of Treaty Party Interpretations

Treaty interpretation by treaty Parties was initially planned to be discussed in the 39th session of UNCITRAL Working Group III scheduled to take place in New York in March-April 2020. A Note prepared by the UNCITRAL Secretariat in anticipation of the now-postponed session addressed treaty interpretation in the context of ISDS, pointing to the existing interpretive…

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