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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...

Formal and informal modification of treaties before their entry into force: What scope for amending CETA?

1. Introduction The Wallonian incident[1] arguably represented the height of controversy concerning the introduction of an investor-State dispute settlement (ISDS)[2] mechanism within the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA).[3] A few days before the date agreed for the signature of the treaty, Belgium has created a standoff, after the...

Hammer and Nail. Megaregionals, CETA and the Law of Treaties

Introduced by Jan Klabbers* To a man with a hammer, as David Kennedy often reminds us, everything looks like a nail: the lawyer who has found her instrument of choice will insist on using it time and again.[1] Kennedy’s reflection is, in a sense, a reflection on a very American position, viewing the law predominantly...

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...

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The Prevent Strategy: The human rights implications of the United Kingdom’s counter-radicalisation policy

1. Introduction The Government of the United Kingdom (UK) has stressed that preventing the spread of extremist ideology and stopping acts of terrorism are two of the most pressing and interrelated issues of the 21st century. The former British Prime Minister, David Cameron, has repeatedly asserted that challenging ‘poisonous extremist’ ideology represents a ‘generational struggle’.[1]...

Les frappes de la France contre l’EIIL en Syrie, à la lumière de la résolution 2249 (2015) du Conseil de sécurité

1. Introduction Les attentats terroristes perpétrés à Paris et Saint Denis le 13 novembre 2015 ont conduit la France à réagir vigoureusement en procédant à des frappes contre ‘l’Etat islamique d’Iraq et du Levant (EIIL)’ ou ‘Daech’, dès le 15 novembre, sur le territoire syrien. Le 17 novembre, l’armée française a de nouveau procédé à...

The evolving right of counter-terrorism: An analysis of SC resolution 2249 (2015) in view of some basic contributions in International Law literature

1. Introduction It seems safe to say that Security Council (SC) resolution 2249 of 20 November 2015 opens new ground in the fight against terrorism by the State Community. At the time of writing, only a few weeks have gone by since this resolution has been issued but it has immediately become clear that this...