Andrea Maria Pelliconi, Alex Gilder, Kseniya Oksamytna
United Nations (UN) peace operations are typically a troubled sea to navigate. Peace operations operate in increasingly hostile environments and have to manoeuvre through dangerous waters: continuing insurgencies, ineffective state presence, widespread violence and insecurity, and even terrorist attacks. Stabilisation efforts may carry human rights and humanitarian risks, especially when they come with heavy militarisation, or with mandates that leave the mission without a clear political direction. These dangers bring about potential shortcomings in effectiveness, and even legitimacy challenges. Yet peace operations remain a crucial tool to attempt to advance peace and stability.
Shortly after Russia’s invasion of Ukraine, several nations, led by Canada and Ukraine, suspended the application of the World Trade Organization’s Most Favoured Nation (MFN) treatment to Russian goods. MFN is a foundational principle of WTO law, contained in Article I of the General Agreement on Tariffs and Trade (GATT). It promises that all WTO members will receive the same treatment as each other – the lowest tariffs on all goods offered by each WTO member will be made available to all. The effect of this trade sanction against Russia will not be lost on its president – Vladimir Putin’s masters’ thesis was allegedly on the importance of the MFN principle to international trade. The actual impact of the revocation of MFN on Russia may be less significant and the legal issues behind it are complex and troubling.
Three academics from The City Law School – Elaine Fahey, Panos Koutrakos and Jed Odermatt – have contributed to a new edited volume The EU and its Member States’ Joint Participation in International Agreements (Hart 2022). The volume is based on contributions presented at a workshop held at the University of Geneva in November 2020.
EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. Thie book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. Each chapter was jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.
An overview of the latest legal developments and sources related to the Russian invasion of Ukraine.
Imagine you are Olivia Rodrigo. This may be harder for some of us than others, but bear with me. You have just released your new single Brutal. Your new song has been called brilliant and one of the best songs of the year by critics. But then the phone rings with the bad news: your song contains a riff that is very similar to the famous guitar riff in Elvis Costello’s Pump It Up and you are being sued for copyright infringement. Rats! As a responsible creator, you try to avoid copying material from others. You even have people in your record company who check your songs prior to release to avoid incidents like this. But alas, sometimes accidents still happen.
Dr Maria Kendrick, Lecturer at City Law Schol has published a new article on ‘The Legal (Im)possibilities of the EU Implementing the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting‘ in the Global Trade and Customs Journal. Continue reading
Sabrina Germain & Adrienne Yong
In their recent published article in the interdisciplinary Journal for Cultural Research, Dr Sabrina Germain & Dr Adrienne Yong (Senior Lecturers at The City Law School) shine a spotlight on an area of the recent COVID-19 pandemic that has arguably been overshadowed throughout this public health crisis – the effect the pandemic has had on access to healthcare for women at the intersection of their ethnic minority status and gender, and their migration status and gender. Focusing on two distinct groups of women – ethnic minority women, and migrant women – Germain and Yong apply the theory of intersectionality coined by Kimberlé Crenshaw to investigate barriers to accessing healthcare in the United Kingdom as they have been particularly exacerbated by the pandemic.
A second and much-welcomed new edition of the ‘The EU Charter of Fundamental Rights: A Commentary’ (Hart Publishing) was launched in The City Law School building on 1 December 2021.
The book is edited by Steve Peers, Professor of EU Law at the University of Essex; Tamara Hervey, Jean Monnet Professor of EU Law at the City Law School; Jeff Kenner, Professor of EU Law at the University of Nottingham; and Angela Ward, Référendaire in the Chambers of Advocate General Niilo Jääskinen at the Court of Justice of the European Union, and Visiting Professor in the Faculty of Law at Birkbeck College, University of London.
The City Law School’s Dr Margaret Carran has carried out a follow-up study regarding online consumer protection offered to gamblers across EU Member States.
A follow-up study undertaken by The City Law School’s Dr Margaret Carran into online consumer protection offered to online gamblers across the EU demonstrates that while high-level convergence of online gambling regulations has started to emerge, specific provisions continue to vary across EU Member States.
As the UK continues to establish its own trade policy, it is vital that legal services, which provide more than £60 billion per year to the UK’s economy, are paid sufficient attention in trade negotiations. UK legal expertise is high demand around the world and the service of international clients is a key source of revenue for many UK lawyers. Lawyers rely on the possibility of short-term visits to foreign jurisdictions for the purposes of providing legal advice (sometimes described as fly-in fly-out, or FIFO) as well as temporary secondment/establishment rights in a jurisdiction. While there are many lucrative, fast-growing markets in Asia, the ability for lawyers to continue to provide advice in these ways in the EU is an issue of some importance. The Lawyer’s Establishment Directive ceased to apply to UK lawyers at the end of the transition period. Today UK lawyers seeking to provide legal advice in the EU must deal with 27 separate regulatory regimes.
Fortunately, the principle of home title practice was recognised in the EU-UK Trade and Cooperation Agreement (TCA), finalized at the end of last year. It should be pointed out that the inclusion of any material on legal services in a Free Trade Agreement is in itself a achievement since historically they have been ignored in international negotiations, with the Comprehensive Progressive Trans-Pacific Partnership (CPTPP) and the agreement in principle between the UK and Australia other notable exceptions. Under the home title principle, parties to the TCA agree to permit practice by lawyers of the other party under their home jurisdiction professional qualification with regards to advice on home country and public international law, as well as arbitration, conciliation and mediation. On their own these are already sizable areas of the legal services market for most UK lawyers serving clients in the EU.