Two Weeks in Review, 17 – 20 August 2020

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Black Lives Matter

and  look at the links between the right to food, international law and the racialisation of people, arguing that the way international law usually deals with questions of race and racism negates the possibility that the heart of racism lies in the way our national and international political economy is structured.

COVID related posts

 looked at the shared duties to cooperate to realise human rights during the pandemic and argued that the duties of international cooperation under international human rights law are not just left up to States, but also to private sectors, groups, and individuals who are all supposed to be both subjects and addressees of the right to development.

non-COVID related posts

 examined authentic interpretations of investment treaties by treaty parties, concluding that these are an important tool to improve the accuracy of treaty interpretation and enhance the coherence and consistency of investment arbitration but that States must use them consciously and with due respect for the rights of foreign investors.

 reviewed the timing of treaty Party interpretations, in light of interpretations issued outside treaty negotiations, during negotiations, at the time of treaty signature, and post-treaty conclusion, after a recent Note was prepared by the UNCITRAL Secretariat in anticipation of the now-postponed session addressing treaty interpretation in the context of ISDS. 

 wrote about the recent dispute in the Eastern Mediterranean, examined the various maritime claims of Greece, Turkey, and Cyprus, and reviewed how an equitable apportionment between these nations might be achieved.

 

 offered some observations in a two part post on the Agreement on Greece and Egypt on the Delimitation of the EEZ, looking at the history, the content of the agreement, and the agreed boundary, before looking at the continuing Greece-Turkey maritime boundary dispute

 asked whether a peaceful protest can ever be banned because other parties threaten it with violence and analysed the Human Rights Committee General Comment No. 37 which dealt with this question.

In a two part post, and  offered some thoughts on the recent PCA award Enrica Lexie, looking in particular look at the Tribunal’s handling of the immunity issue, before comparing the Arbitral Tribunal’s approach to jurisdiction over immunity to recent ICJ cases and suggesting more discussion is needed to narrow down the scope of plausible approaches to this issue.

also discussed authentic interpretations on investment agreements but focused on ongoing investment disputes, showing that for existing disputes, authentic interpretations may radically change the ways in which a treaty could have been applied and thus working as amendments of the existing treaty.

 

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