Author: City Law Forum (page 1 of 7)

Facebook/Meta Oversight Board: International and Regional Law Applications

Giulia Alves Maia

The Facebook / Meta Oversight Board (OB) is one of the most novel developments in law and governance in recent years. The Oversight Board has ignited a major debate about its character, form, operation, and effects. It has been modelled as a “Facebook Supreme Court”, and its structure and style of its reasoning, as well as its use of precedent, give the appearance that the OB operates in a similar way to a court. On 26 April 2023, City Law School hosted a hybrid event entitled The Facebook/Meta Oversight Board: International and Regional Law Applications to discussion these and other issues.

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Eurovision: even before the singing starts, the contest is a fascinating reflection of international rules and politics

Paul James Cardwell, King’s College London and Jed Odermatt, City, University of London

The Eurovision bandwagon has firmly arrived in Liverpool. During a week of two semi-finals, 37 competing countries will be whittled down to 26. Around 160 million people are then expected to tune in to the grand final on Saturday May 13. From humble beginnings in 1956, with only seven countries competing in a theatre in Switzerland, the contest is now one of the most watched entertainment events in the world.

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City Law School Researchers take part in Global Challenges Research Exchange

Eva Pander Maat and Pia Rebelo

Monday April 18th marked the kick-off of the Global Goals Research Exchange between the Faculty of Law at the University of Groningen and City Law School at City, University of London. The Exchange presents an excellent opportunity to promote collaborative ties between legal researchers doing work in the topical areas of energy transitions and sustainable development. In the first iteration of the exchange, two City Law School researchers crossed the channel to present and discuss their work.

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Sunak’s Windsor Compromise

David Collins

The Windsor Framework (WF) concluded between the UK and EU to resolve the difficulties associated with the Irish Border reflects a significant compromise, with the UK giving the most ground. The brainchild of a more pliant and technocratic Prime Minister than his two predecessors, Rishi Sunak’s WF is in many respects an agreement that should never have been needed. The new arrangement essentially compels the EU to do what it should have done under the original Northern Ireland Protocol, i.e. impose no unreasonable barriers to trade between Great Britain (GB) and Northern Ireland (NI) while maintaining sufficient safeguards that its Single Market would not be flooded with UK goods.

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The United Nations Human Rights Council and Justice for the Daesh Atrocities Against the Yazidis

On 6 March 2023, Dr Aldo Zammit Borda, a Reader in International Law at City, University of London, was an invited expert at a meeting on Justice for the Daesh Atrocities: The Need for Comprehensive Responses. This meeting took place at the Palais des Nations in Geneva, as a side event to the 52nd session of the United Nations Human Rights Council. The event was organised jointly by the International Bar Association Human Rights Initiative (IBAHRI) and City, University of London, together with a number of Yazidi and justice-focused organisations (including Yazda, the Free Yazidi Foundation and Coalition for Genocide Response).

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The UNGA request for an ICJ Advisory Opinion on Palestine: The role of demographic alterations in the process of de facto annexation and legal consequences under international law

Andrea Maria Pelliconi

On 30 December 2022 – one day after the establishment of the new Israeli government – the United Nations General Assembly (UNGA) adopted Resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the International Court of Justice (ICJ), it requested the Court to give an advisory opinion (AO) clarifying the legal status and consequences of the Israeli occupation of Palestine’s territories. More specifically, the AO request asks the following questions:

“considering the rules and principles of international law, including the Charter of the United Nations, international humanitarian law, international human rights law, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, and the advisory opinion of the Court of 9 July 2004:

(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?

(b) How do the policies and practices of Israel referred to in paragraph 18(a) above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”

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Reforms to the Energy Charter Treaty: Rebalancing International Investment Law or a Step Too Far?

David Collins

The Energy Charter Treaty (ECT) is a multi-party investment treaty covering investment in the energy sector. Established in the 1990s, the ECT has over 50 signatories, including the UK. The ECT contains many of the traditional protections for foreign investment found in international investment agreements (IIAs), and much like international investment law generally, the treaty has been subjected to widespread criticism in recent years. The ECT has been particularly vilified for its alleged failure to deal with climate change by maintaining extensive protections for industries that supposedly contribute to this global problem.

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The Gendered Aspect of Brexit

When the UK went to the polls on 23 June, 2016 and voted to leave the European Union, the millions of EU citizens who were resident in the UK but unable to take part in the referendum were suddenly faced with a life-changing loss of rights. The end of freedom movement threatened their livelihoods and their very status as UK residents in the post-Brexit world. Continue reading

Green Shipping: IMO Ambitions and the Need for Pluralistic Governance Solutions

Pia Rebelo

Negotiations at the International Maritime Organisation (IMO) are underway against the backdrop of COP27, the Paris Agreement and the UNFCCC. This is the last COP before the IMO is set to decide its revised Greenhous Gas (GHG) strategy in the Spring of 2023 at the Marine Environment Protection Committee’s eightieth session (MEPC 80). The revised strategy is crucial as the IMO’s Fourth GHG Study has revealed that international shipping is currently set to increase its emissions to 90-130% of its 2008 emissions by 2050. Whilst various stakeholders are awaiting details on the IMO’s mid-term and long-term measures to strengthen its ambition, states in the Global North are making big pledges to roll out end-to-end decarbonised shipping routes known as “Green Corridors”. This follows commitments at COP26 to the Clydebank Declaration, an undertaking from governments to facilitate partnerships for the establishment of green routes and enabling infrastructure. The UK also recently showed its commitment to green shipping by setting aside £60 million for innovative clean maritime technologies as part of its Clean Maritime Demonstration Competition (which is now in round 3).

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Introducing the EUFutures Research Network: Inter-Disciplinary Approaches to Connecting EU Law, Policy and Politics

Professor Elaine Fahey, Dr Fabien Terpan, and Dr Rebecca Zahn

The future of EU legal integration is at a significant juncture with the departure of the UK, substantial rule of law challenges, internal and external crises, and an increasingly apathetic multilateral legal order. There is increased recognition amongst EU lawyers, who have historically limited themselves to doctrinal analysis and legal hermeneutics, that methodology plays an essential role in order to understand EU integration and shape its future (van Gestel & Micklitz, 2014). Certain schools now advocate that the future of EU law must become more methodologically grounded to realise its scientific benefits and to broaden the reach of lawyers beyond the doctrinal (Dyevre, Wijtvliet & Lampach, 2019). For example, anthropological and sociological approaches have given us a sense of how various national and international actors use EU law to achieve their goals (Vauchez & De Witte, 2013). Quantitative studies have offered new insights into the practices of courts and the effectiveness of legislative design (Larsson and Naurin, 2016; Larsson et al. 2017).

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