Monthly archive January, 2020

Twin crises in the WTO, and no obvious way out

Pause for a moment. Assume that, by magic wand, the Trump Administration changes its attitude, and agrees to new appointments to the Appellate Body (AB). Have the WTO problems disappeared simply because a complete AB is now in place? Even if matters such as Rule 15 are addressed,[1] the distinction between facts and law is...

The Prespa Agreement between Greece and North Macedonia and the settlement of the name dispute: Of objective regimes, erga omnes obligations and treaty effects on third parties

1. Introduction Among the various, eyebrow-raising provisions of the Final Agreement between Greece and henceforth North Macedonia of 17 June 2018 (hereinafter Prespa Agreement)[1] delineating, for instance, the ethno-historical roots of the citizens of North Macedonia (Article 7 of the Agreement) or tightly choreographing the multiple steps towards the agreement’s conclusion (Article 1(4)), the stipulations...

A bilateral treaty developing legal effects erga omnes? Reflections on the Prespa Agreement between Greece and North Macedonia settling the name dispute

1. Introduction The dispute between Greece and its neighbour – henceforth called ‘North Macedonia’ and formerly known, depending on the context and the actors involved, as the ‘Former Yugoslav Republic of Macedonia’ (FYROM) or the ‘Republic of Macedonia’ – over North Macedonia’s name lasted for over 27 years. This bilateral dispute may serve as a...

The meaning and effects of erga omnes within the Prespa Agreement of 17 June 2018 between Greece and North Macedonia

Introduced by Vassilis P Tzevelekos* Article 1(3)(a) of the Prespa Agreement of 17 June 2018 between Greece and North Macedonia provides as follows: ‘The official name of the Second Party [i.e. the state nowadays named North Macedonia] shall be the “Republic of North Macedonia”, which shall be the constitutional name of the Second Party and shall be used erga omnes, as provided for in...

A Washington wake-up call and hybrid governance for world trade

1. Introduction For more than twenty years, we – the international economic law scholars and practitioners – have lived comfortably alongside the World Trade Organization (WTO) dispute settlement system. While at the same time, the trade community has also enjoyed an unprecedented period of stability in the stormy history of international economic relations following World...

A crisis looming in the dark: Some remarks on the reform proposals on notifications and transparency

1. Introduction In seeming contrast with the other contributors to this Question, I am not much concerned with the systemic causes of the WTO’s current crisis and with proposing plans for its modernisation. For one thing, I have neither the space nor, frankly, the ability to address in depth such issues.[1] For another, I believe...