In its judgment of 16 February 2021 in Hanan v Germany, [1] the Grand Chamber of the European Court of Human Rights (‘the ECtHR’) confirmed that the European Convention on Human Rights (‘the ECHR’) applies extraterritorially to the conduct of armed forces deployed abroad by Contracting States. The case thus presents important findings on the question…

Click here for Part I Blowin’ in the wind. (Or the failed promises of the WTO’s Sustainable Development Agenda) The trumpets of Sustainable Development blew heartily at the creation of the WTO, which succeeded the GATT in 1994, just two years after the Rio Summit. For starters, The Marrakech Agreement establishing the WTO[1] explicitly listed…

At the end of 2020, the long overdue conclusion of the fisheries subsidies negotiation was once again postponed in the WTO. Any reasonable observer would have long ago concluded that the environment was the “the lost cause” in this organisation. Reasons to think so are many. Yet there are also strong grounds to believe the…

Reclassification of ‘gig’ workers in California The State of California passed a law in force as of 1 January 2020 that classified ‘gig’ workers as employees of the platforms engaging their services ‘unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the…

On January 8, 2021, a South Korean district court ordered the Japanese government to pay compensation to a group of former “comfort women (慰安婦),” also known as victims of sexual slavery by the Imperial Japanese Army before and during World War II. The court denied sovereign immunity to Japan and ruled that the Treaty on…

In two previous blog posts (one here on this blog and an earlier one on EU Law Analysis) I pre-emptively commented on the possible legal construction of professional qualification recognition post-Brexit. Now that the EU-UK Trade and Cooperation Agreement has been published, it is appropriate to describe and critically reflect upon the actual legal construction…

President-elect Biden’s victory has been met with relief by many in the international trade community. Despite a plethora of obstacles he faces, Biden is expected to conduct U.S. international trade policy in a different way, including the use of multilateral approaches rather than “going it alone,” diplomacy instead of taunts and insults, collaboration not flying…

On December 11, 2019, the European Union proposed the European Green Deal, which included a statement that “should differences in levels of ambition worldwide persist, as the EU increases its climate ambition, the Commission will propose a carbon border adjustment mechanism, for selected sectors, to reduce the risk of carbon leakage.” This blog entry provides…

Introduction In an earlier post on this blog (here), I commenced my analysis of the recognition of professional qualifications of migrants at work in the EU by describing and reflecting upon those provisions of EU migration and asylum law governing such recognition. In this blog post, I complete my analysis of qualification recognition by describing…

On 22 June 2020, the European Social Partners released their Autonomous Framework Agreement on Digitalisation.The Social Partners signing this agreement were: BusinessEurope, SMEunited, CEEP, ETUC and the liaison committee EUROCADRES/CEC, The Agreement is welcome (particularly in the midst of a pandemic) as an acknowledgement of the continuing movement towards a predominantly digital means of working…

Introduction In two blog posts (here, here) I have commented on the recognition of professional qualifications between the EU and UK post-Brexit. Yet to be described and reflected upon, however, is the more general scheme of legal regulation of the recognition of professional qualifications which applies to third-country nationals coming to the EU, be they…

Are exploitative contracts part of innovation? 2020 has not only been a year of pandemic. The year has also provided additions to the growing tome of ‘gig economy’ litigation; case law that has largely (though not exclusively) centred around Uber. Employment status has been the focal point of this discussion. Attention should be drawn to…

In the aftermath of the Eleventh WTO Ministerial Conference held at Buenos Aires in December 2017, four groups of WTO Members launched negotiations, agreeing to advance discussions on four vital trade issues – investment facilitation, domestic regulations in services, electronic-commerce (E-Commerce), and micro, small and medium-sized enterprises (MSMEs). These joint initiatives were launched through independent…

Introduction The European Union (EU) and China signed a bilateral agreement for the reciprocal protection of Geographical Indications (GIs) against usurpation and imitation. The agreement strengths the EU-China trading relationship and reinforce the EU (sui generis) approach on GIs in the global market.  It took around eight years of negotiations, but in the end, it…

1. Introduction On 20 October 2020, the Swedish Post and Telecom Authority (“PTS”) decided to approve Hi3G Access AB, Net4Mobility HB, Telia Sverige AB and Teracom AB as participants in auction proceedings regarding the granting of licenses to use radio transmitters in the frequency bands 3,5 GHz and 2,3 GHz.  In laying down the requirements…

President-elect Biden’s victory has been met with relief by many in the international trade community. Despite expected obstacles he faces, Biden is expected to conduct U.S. international trade policy in a different way, including the use of multilateral approaches rather than “going it alone,” diplomacy instead of taunts and insults, collaboration not flying “solo,” and…

On 17 November 2017 the ‘European Pillar of Social Rights’ (“EPSR”) was officially proclaimed by the EU leaders at the occasion of the Social Summit held in Gothenburg, Sweden. Three years later, the European Union is set to deliver an action plan. In a Communication of 14 January 2020, the European Commission launched a communication[1] to…

India imposed a ban on 247 Chinese mobile application including TikTok, PubG, Helo, and WeChat on the basis that these applications are involved in activities which are detrimental to the sovereignty and security of India. The Government stated that it has received complaints from many sources regarding the misuse of these apps to steal and…

Introduction Free Trade Zones and Special Economic Zones (‘zones’) have a unique character in international law. They are very much part of the geographical territory of a sovereign State. At the same time, they are deemed to be generally outside the customs territory. Such a unique character of these zones has been successfully used by…

We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the European Review of Private Law, Volume 28, Issue 3, 2020, edited by André Janssen and Matthias E. Storme.   Kahraman Altun, Ll.M. (Edinburgh), Anti-Suit Injunctions in European Transnational Litigation: Past, Present and…