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The Luxembourg Court Rules on the Difference between States and Countries as International Law Actors

On 23 September 2020, the General Court of the European Union (GCEU) in Case T-370-19 Kingdom of Spain v. European Commission rendered a judgment that will surely become an important footnote in any textbook of public international law dealing with treaties and subjects. In this case, the GCEU ruled, among others, on whether certain acts by the EU in relation to Kosovo amounted to its recognition as a sovereign State, in particular the conclusion by the EU of international agreements with Kosovo and recognition by the EU of its representations in different EU mechanisms. Facts of the Case In 2019, the European Commission issued a decision by which it recognised that Kosovo’s National Regulatory Authority (NRA) could participate in the Body of European Regulators for Electronic Communications (BEREC). The Commission treated Kosovo as a ‘third country’ within the meaning of Article 35(2) of Regulation 2018/1971 (EU Regulation). The decision to accept Kosovo’s NRA in BEREC was also based on the Stabilisation and Association Agreement (SAA) that Kosovo has signed with…

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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…

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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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