Public International Law Notes
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EU – Japan EPA presented to the European Council, ratification begins
On 18 April 2018 the European Commission (the "Commission") presented the finalised text of the EU-Japan Economic Partnership Agreement ("EPA") to the …
Update on the future of ISDS: the discussions within UNCITRAL Working Group III – no apparent consensus to date
After a number of years of public debate in a variety of fora, the discussion of the future development of investor-state dispute settlement (ISDS) has …
EU Council publishes Negotiating Directives for Convention establishing a Multilateral Investment Court: no real surprises but a couple of gaps
On 20 March, 2018 the Council of the European Union published negotiating directives dated 1 March 2018 authorizing the European Commission to negotiate …
ICJ determines first ever compensation claim for environmental harm
On 2 February 2018, the International Court of Justice (the "ICJ" or the "Court") delivered judgment in the case concerning Certain Activities Carried …
State-to-State Dispute Settlement under the EU's latest draft of the Withdrawal Agreement: CJEU jurisdiction remains
On 15 March 2018 the European Commission published a revised version of the draft Withdrawal Agreement between the EU and the UK previously published on …
State-to-State dispute settlement under the EU's draft Withdrawal Agreement: CJEU jurisdiction not arbitration
We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in …
3rd EFILA annual conference 2018: parallel states’ obligations in investor-state arbitration - 5 February 2018, London
The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in …
UK Supreme Court confirms the limited scope of state and diplomatic immunity from employment claims: Benkharbouche and Reyes
In two judgments handed down on 18 October 2017, the Supreme Court (the "Court") has allowed certain employment claims made by foreign nationals employed …
UK government introduces new sanctions and anti-money laundering bill
On 19 October the UK Government published the text of a proposed new Sanctions and Anti-Money Laundering Bill (the "Bill"), which seeks to create a …
ITLOS rules in favour of Ghana in long-standing maritime dispute with Côte d'Ivoire
On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered its judgment on the longstanding maritime …
UK Government's Future Partnership Paper on Foreign policy, defence and development: including proposals for co-operation on sanctions, cyber security, and the defence and security industries
The UK Government has released a Paper outlining the UK’s proposals for a future partnership with the EU regarding foreign policy, defence and …
Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?
On its face, the thrust of the UK Government's Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to …
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