Monthly archive July, 2017

Forthcoming

The provisional application of CETA: Selected issues

1. Introduction The application of international treaties on a provisional basis is a common practice in international law. It is governed by Article 25 of the Vienna Convention on the Law of Treaties (VCLT), according to which it may extend to a treaty as a whole, or to parts of it, as agreed by the...

Is CETA keeping up with the promise? Interpreting certain provisions relating to Biotechnology

1. Introduction The picture of a Trojan horse, wrapped in banners reading STOP CETA, best portrays the fears underpinning the public opposition to the Comprehensive Economic and Trade Agreement with Canada (CETA). The main suspicion is that the technical jargon of the economic transatlantic deal, hailed as beneficial for EU consumers, could insidiously be used...

Formal and informal modification of treaties before their entry into force: What scope for amending CETA?

1. Introduction The Wallonian incident[1] arguably represented the height of controversy concerning the introduction of an investor-State dispute settlement (ISDS)[2] mechanism within the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA).[3] A few days before the date agreed for the signature of the treaty, Belgium has created a standoff, after the...

Hammer and Nail. Megaregionals, CETA and the Law of Treaties

Introduced by Jan Klabbers* To a man with a hammer, as David Kennedy often reminds us, everything looks like a nail: the lawyer who has found her instrument of choice will insist on using it time and again.[1] Kennedy’s reflection is, in a sense, a reflection on a very American position, viewing the law predominantly...

Is the ILC’s work enhancing protection for the environment in relation to warfare? A reply to Stavros-Evdokimos Pantazopoulos and Karen Hulme

1. Introduction In this reply we would like to follow up on the contributions written by Stavros-Evdokimos Pantazopoulos[1] and Karen Hulme[2] concerning the International Law Commission’s (ILC) work on the topic ‘Protection of the Environment in relation to Armed Conflict.’ Based on our experiences working closely to Special Rapporteur Marie Jacobsson at the ILC,[3] we...