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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...

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...

Jurisdictional Reasonableness

Introduced by Cedric Ryngaert and Michail Vagias In a globalized world, phenomena such as transnational crime, Internet transactions and climate change are not limited to just one state. Instead, they have connections with multiple states, each of which may want to exercise its jurisdiction over them, often on the basis of a version of the...

Intra-party sexual crimes against child soldiers as war crimes in Ntaganda. ‘Tadić moment’ or unwarranted exercise of judicial activism?

1. Introduction Consideration of the especially pernicious consequences of armed conflicts on the life, health and socio-economic conditions of children has elicited a vast literature in diverse fields of social sciences in recent years. International law, and particularly international humanitarian law (IHL), has been at the center of this discussion in light of the pertinent...

The children (and wives) of foreign ISIS fighters: Which obligations upon the States of nationality?

1. Introduction The presence of Foreign Terrorist Fighters (FTFs) in Syria and Iraq triggers a number of questions that States, individually and collectively, do not seem equipped and/or willing to address. One of the most problematic aspects is represented by the claim, eloquently summarized in a famous tweet from President Trump, that there exists an...