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The tangled links between national and international data protection regimes, standardization and international trade law

Introduced by Giovanna Adinolfi Digital issues have been included in States’ trade agenda since the establishment of the World Trade Organization. In the very first years, e-commerce has drawn most States’ attention. The term is usually understood to cover the production, distribution, marketing, sale or delivery of goods and services by electronic means. Since 1998...

‘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...

‘Establishing the existence of a dispute before the International Court of Justice’: Glimpses of flexibility within formalism?

1. Introduction Besides marking the celebrated 70th anniversary of the International Court of Justice (ICJ or the Court), 2016 will stand out as the year in which the requirements for the determination of the most basic condition for the exercise of the Court’s contentious jurisdiction – the existence of a dispute – have been called...

Decentring the ICJ: A critical analysis of the Marshall Islands judgments

1. Introduction The aim of this reaction paper is to address some of the ideas raised by the masterful analysis of Professor Beatrice Bonafé, exposing them to a different method, a critical legal approach-based investigation of the discourse of the Court. Indeed, by adopting a different method, a different story can be told about the...

Establishing the existence of a dispute: A Response to Professor Bonafé’s criticisms of the ICJ

Victrix causa diis placuit sed victa Catoni. Lucan, Pharsalia, I.128.   1. Introduction In her paper published in QIL as basis of this Symposium, concerning the decision of the ICJ on the existence of a dispute in the Marshall Islands case,[1] Professor Bonafé, a modern Cato, embraces with enthusiasm the losing side.[2] She supports the...

‘Establishing the existence of a dispute before the International Court of Justice’: Between formalism and verbalism

1. Rather than a new approach, the Marshall Islands decisions are the culmination of a judicial trend towards formalism and verbalism ‘The Court, as a court of law, is called upon to resolve existing disputes between States. Thus, the existence of a dispute is the primary condition for the Court to exercise its judicial function’.[1]...

The awareness requirement and its problematic consequences for the Court’s jurisdiction

1. Introduction The paper of Béatrice Bonafé takes up a very important and basic question concerning proceedings before the ICJ, namely the issue of the existence of a dispute. It is absolutely evident that where there is no dispute, there is nothing to be decided by a court. But what exactly qualifies a dispute? The...

Establishing the Existence of a Dispute before the International Court of Justice: Drawbacks and Implications

I. Introduction The determination of the existence of the dispute is a crucial aspect according to which the International Court of Justice (ICJ or the Court) decides whether it can exercise its contentious jurisdiction. ‘The Court, as a court of law, is called upon to resolve existing disputes between states. Thus, the existence of the...

Determining the existence and content of a dispute: in search for legal criteria

Introduced by Paolo Palchetti     The existence of a dispute between the Parties is a condition of the International Court of Justice’s jurisdiction. In the last years, the International Court of Justice (ICJ) has repeatedly addressed the question of whether there existed a dispute between the parties (see Application of the International Convention on...

Dynamisation of international trade cooperation. Powers and limits of Joint Committees in CETA

1. Introduction On 30 October 2016, the Canadian Prime Minister Justin Trudeau and the Presidents of the European Council, Donald Tusk, and of the European Commission, Jean-Claude Juncker, signed the ‘Comprehensive Economic and Trade Agreement’ (CETA) between the EU and Canada.[1] After the signature of the Trans Pacific Partnership (TPP) Agreement[2] on 4 February 2016...

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...