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‘The dynamic of action and reaction’ and the implementation of the Iran nuclear deal

1. Introduction The Joint Comprehensive Plan of Action (JCPOA) – a 159-page agreement reached by Iran with the E3/EU+3 (China, the Russian Federation, the United State, France, Germany, the United Kingdom with the European Union) in July 2015[1] and later endorsed by the UN Security Council[2] – seemed to conclude a decade of international tensions...

A U.S. return to the JCPOA: Complications moving forward and the JCPOA’s mechanisms to resolve them

1. Introduction On May 8, 2018, the United States announced that it would cease its participation in the Joint Comprehensive Plan of Action (‘JCPOA’) – the accord between the United States, other major world powers, and Iran with respect to Iran’s nuclear program – and would re-impose those ‘nuclear-related’ sanctions that had previously been removed...

The Joint Comprehensive Plan of Action five years on: Legal questions and future prospects

Introduced by Maurizio Antonini* and Enrico Milano**   The Joint Comprehensive Plan of Action (JCPOA) is a detailed, 159-page agreement with five annexes reached by Iran and the P5+1 (China France, Germany, Russia, the United Kingdom, and the United States) on July 14, 2015. In accordance with the agreement, Iran committed to eliminate its stockpile...

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...

Conceptual unclarity, human dignity and contemporary forms of slavery: An appraisal and some proposals

1. Introduction The aim of this article is twofold: first, it analyses the international concept of human dignity and assesses the role it might play in the field of contemporary forms of slavery; second, it formulates some proposals for redirecting the debate on the relevant international legal definitions in this field. The article argues that...

Slaveries and new slaveries: Which role for human dignity?

1. Opening remarks No one could seriously doubt that respect for dignity is closely connected to the banning of slavery, as well as the banning of torture and human and degrading treatments. In spite of this, such a conclusion is less trivial than it may appear. In fact, no reference to dignity is made either...

From chattel slavery to ‘modern slavery’: The role for human dignity in the struggle against contemporary forms of human exploitation

Introduced by Silvia Borelli and Maria Chiara Vitucci   The eradication of slavery, forced labour and other forms of exploitation of humans by humans has been on the international agenda for well over a century. Indeed, 2019 marks the centenary of both the creation of the International Labour Organisation (ILO), founded, inter alia, on the...

Jurisdictional reasonableness under customary international law: The approach of the Restatement (Fourth) of US Foreign Relations Law

1. Introduction In 1987, the American Law Institute published the Restatement (Third) of Foreign Relations Law.[1] Sections 402-404 of the Restatement (Third) covered the customary international law governing jurisdiction to prescribe, and Section 403 set forth a requirement of jurisdictional reasonableness that called for weighing a number of factors in each case. Section 403 built...

Reflections on ‘Reasonableness’ in the Restatement (Fourth) of US Foreign Relations Law

1. Introduction In public international law, ‘jurisdiction’ may be defined as ‘the exercise of sovereign power or authority’.[1] As famously described in the Island of Palmas case, ‘sovereignty in the relations between States signifies independence’.[2] Yet, as noted by Oxman, while the ‘power to take action derives from sovereign independence’, its ‘scope and exercise’ is...

Reasonableness in its reasoning: How the European Union can mitigate problematic extraterritoriality on a de-territorialised internet

1. Introduction There is an extraterritorial character to European Union (EU) data protection law that can be both necessary and problematic.[1] EU lawmakers are enacting regulation that directly or indirectly compels non-EU (third State) actors to behave in a particular way to comply with EU law. In contrast to many of these third countries, numerous...