Category: Public International Law

Neues aus dem Elfenbeinturm: March 2016

Jean Monnet Doctoral Workshop “Interactions Between European Union and International Law”

City University London, 23 June 2016. Deadline for abstract submission: 25 March 2016.

Conference “Boosting the Enforcement of EU Competition Law at Domestic Level”

Radboud University Nijmegen, 3 June 2016. Deadline for abstract submissions: 31 March 2016.

Workshop “The Disintegration of Europe”

Hertie School of Governance, Berlin, 30-31 May 2016. Deadline for abstract submissions: 1 April 2016.

Seminar “Transnational Solidarity: Setting the Boundaries”

Center for Transnational Legal Studies, London, 1 April 2016. (Free) registration needed.

Conference “Environmental Rights in Europe and Beyond”

Lund, 21-22 April 2016. (Free) registration needed.

Conference “Existe-t-il encore un seul non bis in idem aujourd’hui?”

University of Nancy, 28 April 2016. Registration needed.

Vienna Journal on International Constitutional Law Conference 2016

Vienna University of Economics and Business, 23 September 2016. Deadline for abstract submissions: 15 May 2016. Continue reading

Neues aus dem Elfenbeinturm: February 2016

Conference “The European Convention on Human Rights and the Crimes of the Past”

European Court of Human Rights, Strasbourg, February 26 2016. Deadline for registration: 19 February 2016.

Conference “Searching for Solidarity in EU Asylum and Border Policies”

Brussels, 26-27 February 2016. (Paid) registration needed.

Conference “Reforms in UN Treaty Bodies and the European Court of Human Rights: Mutual Lessons?”

University of Oslo, 29 February 2016. (Free) registration needed.

Conference “Mapping the challenges in economic and financial criminal law: a comparative analysis of Europe and the US”

University of Luxembourg, 17 March 2016. (Free) registration needed.

Workshop “Austerity and Law in Europe”

University of Amsterdam, 16-17 June 2016. (Free) registration needed.

EUI Summer Courses on Human Rights and on the Law of the European Union

European University Institute, Florence, 20 June-1 July/4-15 July 2016. Deadline for applications: 4 April 2016.

Conference “Adjudicating international trade and investment disputes: between interaction and isolation”

University of Oslo, 25-26 August 2016. Deadline for abstract submissions: 1 March 2016.

Neues aus dem Elfenbeinturm: January 2016

Seminar „Rethinking EU Competences“

Inter-University Center, Dubrovnik, 17-23 April 2016. Deadline for abstract submissions: 31 January 2016.

Conference „Europe’s crisis: What future for immigration and asylum law and policy“

Queen Mary University of London, 27-28 June 2016. Deadline for abstract submissions: 15 February 2016.

LCII Conference „Regulating Patent ‘Hold-up’“

Brussels, 29 February 2016. Deadline for (paid) registration: 25 February 2016.

ASIL Interest Group Meeting „Regional Approaches to International Adjudication“

Washington, 30 March-2 April 2016 (exact date TBD). Deadline for abstract submissions: 1 February 2016.

Top ten most read posts of 2015

By the editors

As is becoming a tradition with our blog (albeit a bit late this year), we present to you our top 10 most read posts of the last year. We have had another good year of blogging behind us: more readers contributing to the content of the blog with 33 posters coming from approximately 14 different countries this year. Equally important is that readership is steadily increasing according to Google Analytics (plus: we now have almost 1600 email subscribers and 2400 followers on twitter). Most of you are from the UK, followed by the Netherlands, Belgium, Germany, the United States, Italy, Sweden, France, Ireland and Poland, respectively.

Keeping in mind that there is a certain bias in favour of older posts which have had more time to become popular, this is the 2015 list of most read posts of the year: Continue reading

Neues aus dem Elfenbeinturm: December 2015

Workshop „The Age of Austerity: A New Challenge for State Powers“

University of Edinburgh, 30 March 2016. Deadline for abstract submissions: 20 December 2015.

CJICL Conference „Public and Private Power“

University of Cambridge, 8-9 April 2016. Deadline for abstract submissions: 10 January 2016.

Workshop „The preliminary reference procedure as a compliance mechanism of EU environmental law“

Brussels, 17 June 2016. Deadline for abstract submissions: 15 January 2016.

Conference „Building Consensus on European Consensus“

European University Institute, Florence, 1-2 June 2016. Deadline for abstract submissions: 31 January 2016.

Doctoral Colloquium „Responsibility in International and European Law, Philosophy and History“

University of Fribourg, 11-12 November 2016. Deadline for abstract submissions: 1 March 2016.

EELF Conference „Procedural Environmental Rights: Principle X in Theory and Practice“

Wrocław University, 14-16 September 2016. Deadline for abstract submissions: 15 March 2016.

Conference „Intra-EU BITs and Intra-EU Disputes“

University of Vienna, 7 March 2016. (Paid) registration needed.

Neues aus dem Elfenbeinturm: October 2015

Conference “Central European Judges under the EU Influence: The Transformative Power of the EU Revisited“

Hungarian Academy of Sciences, 2 November 2015.

Conference “Between the State and Competition in the Single Market“

Hungarian Academy of Sciences, 6 November 2015. (Free) registration required.

Workshop “Framing the Subjects and Objects of Contemporary EU law”

City University London, 6 November 2015. (Free) registration required.

ESIL Research Forum Call for Papers on the Making of International Law

Koç University Law School and the Center for Global Public Law, Istanbul, 21-22 April 2016. Deadline for abstract submissions: 1 November 2015.

ESIL 12th Annual Conference Call for Papers “How International Law Works in Times of Crisis”

Riga Graduate School of Law, 8-10 September 2016. Deadline for abstract submissions: 31 January 2016.

Call for Submissions for Special Issue on Trade and Public Health

Trade Law and Development. Deadline for submissions: 15 March 2016.

Neues aus dem Elfenbeinturm: September 2015

Conference “The European Union as an Actor in International Economic Law”

University of Luxembourg, 1-2 October 2015. Deadline for registration: 30 September 2015.

Conference “Criminal Justice: Jurisprudence of the European Court of Justice – Today and Future”

Court of Justice of the European Union, 2-3 October 2015. (Paid) registration required.

Inaugural CMLRev Conference “Membership of the Union and Membership of the Euro”

University of Liverpool, 9 October 2015. (Free) registration required.

Workshop “Mutual Legal Assistance in the Digital Age: Problems, Challenges, Solutions for Criminal Justice”

University of Luxembourg, 15 October 2015. (Free) registration required.

Workshop “A balanced data protection in the EU: conflicts and possible solutions”

UM Campus Brussels, University of Maastricht, 19 October 2015. (Paid) registration required.

Conference “Migration Policy in the European Union – Current Challenges and Future Developments”

University of Luxembourg, 22-23 October 2015.

Call for submissions for the 2016 edition of the Hibernian Law Journal

Deadline for submissions: 31 October 2015.

EIUC Training for International Electoral Observers

Monastery of San Nicolò, 23-28 November 2015. Deadline for application: 30 October 2015.

Workshop “Victims in Europe – Needs, Rights, Perspectives”

University of Luxembourg, 16 November 2015.

Colloquium “The Environment in Court – Environmental Protection in National and International Courts, Tribunals, and Compliance Mechanisms”

PluriCourts, University of Oslo, 20-25 June 2016. Deadline for abstract submissions: 15 January 2016.

Neues aus dem Elfenbeinturm: August 2015

Workshop: “International Law and Domestic Law-Making Processes”

University of Basel, 4 September 2015. Deadline for registration: 24 August 2015.

Workshop “Safety and Liability Rules in European Ski Areas”

University of Trento, 11-12 December 2015. Deadline for abstract submissions: 15 September 2015.

Conference “Constitutional History: Comparative Perspectives”

University of Illinois, 12-13 April 2016. Deadline for abstract submissions: 1 November 2015.

Zuchtvieh-Export GmbH v Stadt Kempten: The Extraterritorial Reach of EU Animal Welfare Rules

By Jessica Lawrence

In an interesting judgment, the CJEU has ruled that Regulation 1/2005 on the protection of animals during transport applies outside of EU borders to transport taking place in third states, if that transport began on EU territory. This is a novel ruling that is expected to have important positive impacts on animal welfare. However, it can also be seen as an example of the CJEU’s tendency in recent years to read the EU’s jurisdiction expansively, stretching traditional international law notions of ‘territorial jurisdiction’ to permit the regulation of conduct taking place in third states. Continue reading

Neues aus dem Elfenbeinturm: June 2015

Summer Academy in Global Food Law and Policy

Bilbao, 20-24 July 2015. Deadline for application: 18 June 2015.

Conference “Constructive Links or Dangerous Liaisons? The Case of Public International Law and European Union Law”

Queen Mary University of London, 25-26 June 2015. Registration open.

Critical Legal Conference 2015 “Law, Space and the Political”

University of Wroclaw, 3-5 September 2015. Deadline for paper proposal submission: 30 June 2015.

Call for Papers “5es Journées des Doctorants du Centre de Droit des Migrations”

Muntelier-Leuwenberg, Universities of Bern/Fribourg/Neuchâtel, 26-27 November 2015. Deadline for abstract submissions: 19 August 2015.

Call for Papers for the PhD Forum “Law and Governance in the Digital Era”

University of Amsterdam, 20 November 2015. Deadline for abstract submissions: 4 September 2015.

Neues aus dem Elfenbeinturm: May 2015

Summer Schools “Dublin III: Two Years on”, “Venice School of Human Rights”, “Venice Academy of Human Rights”

European Inter-University Centre for Human Rights and Democratisation, Venice, 19-21 June/26 June – 4 July/6 – 15 July 2015. Deadline for application: 21 May 2015/check website.

Conference “The European Convention on Human Rights and General International Law”

European Court of Human Rights, Strasbourg, 5 June 2015. Deadline for registration: 28 May 2015.

Summer School “The Protection of Fundamental Rights in Europe”

University of Bologna, 28 June – 3 July 2015. Deadline for application: 10 June 2015.

Conference “20 Years Later: The Legacy of Bosman”

TMC Asser Institute, 18 June 2015. No deadline for registration.

Neues aus dem Elfenbeinturm: April 2015

Conference “Hungarian Particularism in the European Union: Politico-Legal Perspectives”

Central European University, Budapest, 15 May 2015.

Conference “Chasing criminal money in the EU: new tools and practices”

University of Luxembourg, 15-16 June 2015. Deadline for registration: 22 May 2015.

Summer School “The EU Area of Criminal Justice”

Université Libre de Bruxelles, 29 June – 3 July 2015. Deadline for application: 31 May 2015.

Summer School “European Union Law and Policy on Immigration and Asylum” 

Université Libre de Bruxelles, 29 June – 10 July 2015. Deadline for application : 5 June 2015.

Workshop “Constructive Links or Dangerous Liaisons? The Case of Public International Law and European Union Law”

Queen Mary School of Law, University of London, 25-26 June 2015. Deadline for registration: 23 June 2015.

Neues aus dem Elfenbeinturm: March 2015

Seminar “The Future of EU Free Movement”

University of Edinburgh, 26 March 2015. No deadline for registration.

Call for Papers: Soft Law before the European Courts

Maastricht University, November 2015. Deadline for abstract submissions: 30 March 2015.

Call for Papers: The Extraterritorial Application of EU Law

Vigo, 18-19 June 2015. Deadline for abstract submissions : 1 April 2015. Continue reading

Cases C-401 to 403/12 and C-404 to 405/12: No review of legality in light of the Aarhus Convention

By Benedikt Pirker

Should EU secondary legislation be reviewed against the benchmark of the provisions of an international agreement? In 2012 the General Court answered this question in the affirmative and annulled two decisions of the Commission which were based on a regulation which was deemed incompatible with the Aarhus Convention. However, the EU institutions appealed against those judgments. Consequently, in cases C‑401 to 403/12, Council e.a. v. Vereniging Milieudefensie and C-404 and 405/12, Council v. Stichting Natuur en Milieu e.a., the Grand Chamber of the Court was confronted with the same question. There is already quite some case law on the topic of review of legality within the EU legal order in light of international obligations of the EU, typically with the Court being hesitant to undertake such review. In the cases involving the Vereniging Milieudefensie and the Stichting Natuur en Milieu, the General Court and the Advocate General made, in my view, some valuable suggestions in favour of reviewing EU law against international agreements. Unfortunately, the Court decided to stick to its guns, thus continuing in the line of its own previous jurisprudence, and annulled the General Court’s judgments. The result leaves a somewhat sour taste for those who think that EU institutions and their legal acts should be amenable to judicial review under reasonable conditions. Not only is the very purpose of the EU regulation at issue to implement the obligations arising from the Aarhus Convention, but the Grand Chamber’s view also leads to a lacuna in legal protection in EU law exactly where the central aim of the Aarhus Convention would in theory be to provide individuals with access to justice. Continue reading

Neues aus dem Elfenbeinturm: January 2015

Conference : Alternatives to Immigration Detention in the EU – The Time for Implementation

Université Libre de Bruxelles, 6 February 2015. Deadline for (free) registration : 2 February 2015.

Workshop “Drones and Targeted Killings: Defining a European Position”

Aarhus University, 5-6 March 2015. Deadline for abstract submissions : 1 February 2015. Continue reading

POMFR: The EU Accession to the ECHR

By Paul Gragl

At the time of writing, EU scholars and lawyers are still eagerly awaiting the Court’s verdict on the compatibility of the EU/ECHR Accession Agreement with the Union Treaties (Opinion 2/13 is to be delivered on 18 December 2014 and hopes are high that accession may proceed as smoothly as possible and without any major amendments to the agreement). In the meantime – pre-Christmas stress allowing – I can only recommend the latest academic contribution to this topic, a volume co-edited by Vasiliki Kosta, Nikos Skoutaris and Vassilis P. Tzevelekos, concisely entitled The EU Accession to the ECHR (Hart Publishing, 2014). Even though the issue of the EU’s accession to the European Convention on Human Rights is almost as old as the Union itself, this book aptly brings the debate again to the spotlight and discusses the intricate nitty-gritties of this historically unprecedented step in a clear and precise manner. And whatever the outcome of Opinion 2/13 might be, human rights in Europe undoubtedly form part and parcel of the European ‘constitutional’ public order – a development to which the case law of the Court of Justice and the entry into force of the Charter of Fundamental Rights have successfully contributed. Accession remains the missing building block in the edifice of European human rights law, which is intended to close the last gaps in the protection of individual rights by subjecting the EU and its institutions to the external supervision of the European Court of Human Rights. Thus, as the editors correctly state, ‘the post-accession order will be structured on a vertical basis confirming that the last say in human rights will rest with the Strasbourg Court’ (p. 4). Continue reading

Protection from ‘internal armed conflict’ in EU law: The Diakité case

What is an ‘internal armed conflict’ in EU law? This was a question which the Belgian Conseil d’État referred to the Court of Justice of the European Union (CJEU), asking in essence whether this concept is to be understood as defined in international humanitarian law (IHL) or as a term with an independent meaning in the Union legal order.

On 30 January 2014, the CJEU gave its answer in the Diakité judgment, which concerns the granting of ‘subsidiary protection’ to third country nationals as well as stateless persons who seek refuge in the EU from such ‘internal armed conflicts’. By giving an autonomous meaning to the latter term in EU law, the CJEU has spoken up for a lower threshold for receiving such status throughout the 28 Member States. While this is, from a legal point of view, a highly interesting case with regard to the relationship between EU law and international law, it amounts, more practically speaking, to good news for all those in search of shelter from violence-ridden regions on a continent marked by an increasing reluctance to welcome foreigners (note most recently the successful Swiss referendum on limiting mass immigration). Continue reading

‘If the legal orders don’t fit, you must acquit’: Kadi II and the Supremacy of the UN Charter

Is the Kadi case law of the Court of Justice of the EU to public international lawyers what the acquittal of O.J. Simpson in 1995 was to conservative white people in the USA? Did the CJEU simply sacrifice the supremacy of the UN Charter because it bought into the legal tricks of a Saudi businessman and his legal team, persuading the judges in Luxembourg by arguing that, to paraphrase the late Johnnie Cochran: ‘If the legal orders don’t fit, you must acquit’?

This July, the CJEU handed down the latest – and probably final – instalment of this legal saga which has captivated both EU and international law scholars for many years. Thanks what is commonly known as the Kadi II judgment, the academic year 2013/14 starts off with the end of what was undoubtedly one of the most vividly discussed series of cases in Luxembourg, not least if you’re interested in EU constitutionalism, fundamental rights and due process, external relations, international security and the fight against global terrorism, as well as, last but not least, the supremacy of the UN Charter in international law.

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POMFR: The Accession of the European Union to the European Convention on Human Rights

Alright, we admit it, the topic of the EU’s accession to the European Convention on Human Rights is indeed intriguing us quite a bit here at the blog, as some of our recent contributions (see here and here) demonstrate. But like probably many, if not most of our readers, as EU lawyers we are drawn like moths toward lights by such an important constitutional development; there is simply no helping. I am thus again giving in to the temptation and will briefly discuss a recent book, Paul Gragl’s The Accession of the European Union to the European Convention on Human Rights (Hart Publishing 2013) which treats this phenomenon in detail. For the purpose of this POMFR, I will start by briefly outlining the structure followed by the book, to continue then with a number of points I would like to comment on.

Continue reading

POMFR: Der Staat im Recht

The moment has come to deliver on this blog’s promise of looking beyond the realm of the English language. For this POMFR post, I would like to present a recently published Festschrift which contains a number of contributions of interest to EU lawyers capable of reading German.

Der Staat im Recht is a Festschrift for Professor Eckart Klein, formerly Ordinarius at the University of Potsdam, which covers a broad range of topics – constitutional law, procedural law, international and human rights law and of course EU law. Now, while there are a number of non-EU law contributions which I found thought-provoking (if you have time, read the rather grim essay on the world dominance of human rights by Isensee, ‘Die heikle Weltherrschaft der Menschenrechte’), I will focus on the EU law contributions for this blog post. Continue reading