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How to Resolve Disputes Arising from Brexit

Comparing International Models

Jed Odermatt

uk has set out its clear position that it will not be subject to the cjeu ’s (direct) jurisdiction after it has left the eu , and this remains one of the uk ’s non-negotiable ‘red lines’ in Brexit negotiations. On the eu side, the issue of dispute settlement is similarly sensitive. The eu has

Daniel Moeckli and Raffael N. Fasel

transparency is only problematic if the Security Council and/or its individual members are subject to legal limits at all and if there are ways of reviewing compliance with these legal limits. This Section shows that such legal limits and means of review indeed exist. The Security Council’s actions must comply

Due Diligence and UN Support for African Union Security Forces

Peacekeeper Sexual Violence Exploitation and Abuse

Róisín Burke

for civil allegations only, 137 so in theory they can be investigated and prosecuted by Somali authorities for crimes committed in country. However, the majority of AMISOM personnel are military, and military personnel are subject to the exclusive criminal jurisdiction of the sending state. It

James Pattison

international responsibility to protect threatened populations. Thus, duty of conduct/responsibility to try requires, as far as possible, effective response. What exactly this response should be will, of course, depend on the context and will be subject to various feasibility constraints. Some crises will

Catherine M Brölmann, Richard Collins, Sufyan Droubi and Ramses A Wessel

article 56 of the 1969 Vienna Convention in the Law of Treaties : (1) A treaty which contains no provision regarding its termination and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless: a. It is established that the parties intended to admit the

William Thomas Worster

subject to these considerations. The cjeu has held in Kaur and Rottman that the acquisition and loss of nationality present significantly different situations. 74 For example, whether or not an individual has a real connection to the member state (and Union) in the sense of Nottebohm 75

Andres Sarmiento Lamus and Walter Arévalo Ramírez

justice. This conclusion is based on both the Court’s case law on non-appearance and the existing academic literature on the role and function of judges ad hoc . Consequently, and given the scarcity of cases in which this situation has occurred, this conclusion is subject to be revisited in the future

Paul van der Heijden

Resolution mentioned above. That would really be a clear and remarkable signal to celebrate its centenary anniversary. 2.2 Success Story There are of course also positive developments to report. In relation to the subject of fundamental labour rights, the ILO has certainly been very successful

Reflections on Jaloud v. the Netherlands

Jurisdictional Consequences and Resonance in Dutch Society

Friederycke Haijer and Cedric Ryngaert

by what the pps determined was their legal and moral authority. This was reflected in the case of Jaloud, in which the armed forces of the Netherlands were subject to a duty to respect the laws of Iraq and could not intervene in its internal affairs. 46 This duty was in fact experienced as a

Daniel Jacob

subject of much controversy. A major point of contention revolves around the legitimacy and efficiency of different measures intended to stop political actors, be it a state’s government or a non-state entity, from perpetrating the four crimes. The measures discussed here range from diplomatic and