Últimas Actualizaciones del Evento

Volumen 1, Número 1 de la Revista Latinoamericana de Derecho Comercial Internacional

Posted on Actualizado enn

Se publicó el primer número de la LATAM (Latin American Journal of International Trade Law) de la UNAM.
La revista se encuentra aquí.

Los artículos están:

Los esfuerzos de la OMC para equilibrar el desarrollo económico y la protección del medio ambiente: Un breve repaso de la jurisprudencia del Órgano de Apelación
Gabrielle Marceau y Julian Wyatt

Convergencia y divergencia entre comercio e inversión: reexaminando la guerra norteamericana del azúcar.
Alvaro Antoni y Michael Ewing-Chow

EL juego del comercio mundial: Reflexiones sobre el comercio de productos derivados de la caza bajo la OMC y la excepción de moral pública
James Gard

Tipos de cambio infravalorados: la solución debe provenir de la OMC
Victor Bovarotti Lopes Leer el resto de esta entrada »

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Accession of EU to ECHR Draft Agreement: Finally Finalised

Posted on Actualizado enn

It has taken some time, not just because of the legal complexities but also because of political reasons, but now it is finally there: this past Friday the Draft Agreement on Accession of the European Union to the European Convention on Human Rights (see page 4 and further for the Agreement itself) was finalised. Negotiations had started in July 2010, but the idea had been floated as early as the 1970s. Under he more recent the Treaty of Lisbon, accession became a legal obligation for the European Union. No wonder then, that thepress release of the Council of Europe speaks of a “milestone reached”.

Over at the Council of Europe, Secretary General Thorbjørn Jagland, even referred to the milestone as “the missing link”:

“This is a decisive step, paving the way to EU accession to the European Convention of Human Rights. It will contribute to the creation of a single European legal space, putting in place the missing link in the European system of fundamental rights protection”.

The meeting report of the final negotiations between the Steering Committee for Human Rights (CDDH) of the Council of Europe and the European Commission can be foundhere and the final report to the CDDH can be retrieved here.

Are we there yet, then? No, not at all. As required under internal EU law, the Court of Justice of the EU will now be asked to give its opinion, since this is an international agreement between the Union and other parties. After that the Council of the European Union will unanimously have to agree (these are the state representatives, as opposed to the Commission which undertook the negotiations). And then of course, all ECHR state parties will have to ratify as well. Please note that the Draft Accession Agreement is the key text within a wider package. There will also be a draft declaration by the EU; a draft Rule to be added to the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements in cases to which the EU is a party; a draft model of Memorandum of Understanding; and a draft explanatory report to the Accession Agreement. Leer el resto de esta entrada »

Vidmar: Palestine and the Conceptual Problem of Implicit Statehood

Posted on Actualizado enn

Jure Vidmar (Univ. of Oxford – Law) has posted Palestine and the Conceptual Problem of Implicit Statehood (Chinese Journal of International Law, forthcoming). Here’s the abstract:

The General Assembly has accorded to Palestine the status of a non-member observer state in the UN. Some commentators have taken the position that Palestine’s legal status as a state has thus been confirmed. This article draws on historical examples to demonstrate that the status of non-member state is not necessarily granted only to states. The recent vote in the General Assembly, therefore, neither confirmed nor altered the legal status of Palestine.

But irrespective of this vote, Palestine nevertheless has a previously-acquired international capacity to act like a state and can, inter alia, become a party to the ICC Statute and bring a case to the ICJ. Such a capacity could be seen as an implicit confirmation of statehood. This article, however, demonstrates that state creation cannot be an implicit side-effect of international treaties or voting procedures in international organizations. Not even (full) membership of the UN is an exception.

Source: International Law Reporter

Cuniberti: Three Theories of Lex Mercatoria

Posted on Actualizado enn

Gilles Cuniberti (Univ. of Luxembourg – Law) has posted Three Theories of Lex Mercatoria (Columbia Journal of Transnational Law, forthcoming). Here’s the abstract:

One of the most remarkable developments in international commercial law over the last fifty years has been the gradual acceptance of the existence of a new merchant ‘law’, or lex mercatoria, spontaneously generated by the international community in the shadow of national legal orders. While the notion that there might be law beyond the state aroused the interest of legal scholars and theorists around the world, few wondered whether international commercial actors had a genuine interest in the development of an autonomous transnational law. This Article offers empirical evidence suggesting that commercial parties almost never opt into lex mercatoria pursuant to their freedom to contract, but instead use that freedom to select a particular national law to govern their contracts. This conclusion begs the question of whether anybody else might benefit from lex mercatoria. Leer el resto de esta entrada »

Trachtman: The Future of International Law: Global Government

Posted on Actualizado enn

Joel P. Trachtman (Tufts Univ. – Fletcher School of Law and Diplomacy) has published The Future of International Law: Global Government (Cambridge Univ. Press 2013). Here’s the abstract:

The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government.

This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

Source: International Law Reporter

Creation of International Law: Exploring the International Law Components of Peace

Posted on Actualizado enn

Wisconsin International Law Journal Annual Symposium
April 4-5, 2014, University of Wisconsin Law School, USA
Call for Papers

We invite internationally acclaimed women scholars and advanced PhD candidates to the second conference on the Creation of International Law, to be hosted by the University of Wisconsin on April 4-5, 2014 as part of its Wisconsin International Law Journal annual symposium. The intention is to continue and expand the network of women scholars and practitioners that was launched in 2009 in Norway to support their engagement in public international law.  The theme of the second conference is: Exploring the International Law Components of Peace. The pursuit of peace remains a global challenge and there is a need for reflection as to how the current international public law institutional and normative structure functions and what are the gaps? Leer el resto de esta entrada »

Social Covenants: The Missing Ingredient in State Building Efforts

Posted on Actualizado enn

Political theorists have for the most part focused on the state when thinking about how to make countries work better for their populations. This has naturally led to a concern with state-society relations, how governments are chosen and run, and institutions. There is wide consensus that social contracts play the central role in state building.

This thinking has heavily influenced how the international community approaches fragile states, post-conflict situations, and transitions as well as development in general. As the OECD/DAC explained in Concepts and Dilemmas of State Building in Fragile Situations:

Fragility arises primarily from weaknesses in the dynamic political process through which citizens’ expectations of the state and state expectations of citizens are reconciled and brought into equilibrium with the state’s capacity to deliver services. Reaching equilibrium in this negotiation over the social contract is the critical if not sole determinant of resilience, and disequilibrium the determinant of fragility.  Leer el resto de esta entrada »