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CETA and Global Governance Law: What Kind of Model Agreement Is It Really in Law?

Insight

Abstract: The EU-Canada Economic and Trade Agreement (CETA) provides for the free movement of goods, persons and capital to various degrees and its depth and breadth remain to be seen, as a high profile next generation WTO plus Agreement. CETA may well become a model for future mega regionals, for reasons of its new model and scope. It is quite...

The EU Solution to Deal with the Dutch Referendum Result on the EU-Ukraine Association Agreement

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Keywords: EU-Ukraine cooperation – association agreement – Dutch referendum – European Council – mixed agreements – international agreements.
 

On 6 April 2016 the Dutch population was asked to be voor (in favour) or tegen (against) the act to approve the Association Agreement between the...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time

Insight

Abstract: In its judgment in the case of H v. Council et al., the Grand Chamber of the ECJ recognised the jurisdiction of the CJEU to assess the validity under EU law of a decision by the Chief of Personnel of the European Union Police Mission in Bosnia-Herzegovina (EUPM) to redeploy an Italian magistrate, seconded to the EUPM in Sarajevo,...

The Company You Keep: The Court of Justice Confirms Sanctions Against Persons Associated with Zimbabwe Regime

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Keywords: restrictive measures – CFSP – Art. 29 TEU – listing criteria – persons associated with the regime – Zimbabwe.
 

On 28 July 2016, the European Court of Justice confirmed the legality of restrictive measures taken by the European Union against the former Attorney General of Zimbabwe and further 120...

On Conferral, Institutional Balance and Non-binding International Agreements: The Swiss MoU Case

Insight

Abstract: In its judgment in the Swiss MoU case, the Grand Chamber of the European Court of Justice (ECJ) annuls a European Commission decision on the signing of an addendum to a Memorandum of Understanding with Switzerland on the subject of Switzerland’s financial contributions to ensure that country’s continued access to the internal...

H. v. Council et Al. – A Minor Expansion of the CJEU’s Jurisdiction Over the CFSP

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Keywords: CJEU – Common Foreign and Security Policy – seconded staff – jurisdiction – attribution – European Union Police Mission in Bosnia and Herzegovina (EUPM bih).
 

On 19 July 2016 the Grand Chamber of the CJEU issued its judgment in case C-455/14 P, H. v. Council et al....

Corporate Human Rights Responsibility, States’ Duty to Protect and UN GPs’ National Action Plans: Some Thoughts After the UK 2016 NAP Update

Insight

Abstract: With the recent update of its 2013 National Action Plan (NAP) the UK Government has given account of the process of implementation of the 2011 UN Guiding Principles on Business and Human Rights (GPs). In particular, the UK Government has listed the achievements made and the actions taken over the past two years in this regard. This ...

Base giuridica sostanziale e accordi “interpilier”: quale ruolo per il Parlamento europeo? Note a margine del caso Tanzania

Insight

Abstract: It has already been made clear in case-law that a European Union measure – including a decision approving an international agreement – may have a dual substantive legal basis. This is necessary wherever the measure simultaneously pursues a number of objectives, or has several components, which are linked to each other, without one being...

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