Reply to/Follow up

‘False pretense of unity’ – A comment on the EU speaking with ‘one voice’ in trade negotiations in the field of biotechnology

1. Introduction The negotiations of Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) has caused some to fear that EU standards of genetic modified organisms (GMO) regulation in the agri-food field will be watered down following the entry into force of the agreement.[1] In Alessandra Arcuri’s article ‘Is CETA keeping up with...

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...

The Crimean crisis and the Polish practice on non-recognition

For the purpose of the present paper, recognition is a unilateral act of a State confirming the legality of a certain, specific situation and accepting the consequences thereof. As recognition may concern different situations in international relations, the present text concentrates upon recognition of States and governments. Effects of recognition can be defined as: the...

Forgetting Article 103 of the UN Charter? Some perplexities on ‘equivalent protection’ after Al-Dulimi

1. Introduction While approaching the question from different perspectives, both the papers of Maura Marchegiani and Luigi Palombella converge in praising the judgment rendered by the second section of the European Court of Human Rights (ECtHR) in the Al-Dulimi case.[1] Their assessment is of course justified, if not only for the basic fact that the...

Weighing the evidential value of expert opinion: The Whaling Case

1. Introduction The question of how the International Court of Justice (ICJ) uses experts in disputes involving complex scientific issues seems to be a trend topic in academic discussions on international litigation. The two commentaries offered by professors Mbengue and Scovazzi shed significant light on several questions raised after the Whaling in the Antarctic judgment...

Conscientious Objection to Same-Sex Unions as a Reasonable Accommodation

1. Introduction With their thought-provoking contributions, Ryan Hill and Michel Miaille have made me think again about the many questions, which to my mind, were left unanswered by the ECtHR’s reasoning in Eweida and Others v the UK.[1] I have been challenged, on the one hand, by the emphasis Miaille puts on the difference between...

The ‘reciprocal’ approach in article 7 ARIO: a reply to Pierre d’Argent

1. Introduction The enlightening contributions by Condorelli and d’Argent published in this review both serve to stimulate the debate on the possible ‘dual attribution’ of conduct in peacekeeping operations. The perspectives of the two authors are different, but they both provide some ‘food for thought’ as far as the interpretation of Article 7 of the...

Procedural obligations and good faith: the case of the human rights treaties

1. The procedural limits to withdrawal deriving from good faith: some preliminary remarks There are not many grounds on which to challenge the conclusions discussed by Timothy Meyer and Tom Coppen on the topic of the unilateral withdrawal from treaties. However, inspired by the practice of human rights treaties’, certain aspects merit further consideration. Thanks...