![]() Happold, Matthew ![]() ![]() in Joanna, Gomula; Wittich, Stephan (Eds.) Research Handbook on International Procedural Law (in press) The Chapter examines the various regional and sub-regional judicial mechanisms in Africa highlighting their potential for effective inter-state dispute settlement. It explains the lack of inter-state ... [more ▼] The Chapter examines the various regional and sub-regional judicial mechanisms in Africa highlighting their potential for effective inter-state dispute settlement. It explains the lack of inter-state disputes before Africa’s supranational courts despite the existence of multiple mechanisms providing them with such jurisdiction, and identifies ways through which the potential of these mechanisms can be harnessed to provide effective avenues for the settlement of disputes between African States. [less ▲] Detailed reference viewed: 53 (3 UL)![]() Happold, Matthew ![]() ![]() in Revue trimestrielle de droit européen (2022), 2022(4), 693-704 The article comments on the ECJ's Komstroy judgment from the EU and international law perspectives. Detailed reference viewed: 80 (4 UL)![]() Happold, Matthew ![]() in Lindsay Simpson, William (Ed.) Laudate Jerusalem: la présence chrétienne en Terre sainte (2022) An introduction to the treaty and other international law rules governing access to the Holy Sites in and around Jerusalem since the nineteenth century. Detailed reference viewed: 45 (1 UL)![]() Happold, Matthew ![]() in New Law Journal (2022), (7975), 18-19 Examines sanctions imposed on Russia in response to its invasion of Ukraine and how they impact ‘designated persons’ subjected to targeted sanctions. Argues that although some commentators have questioned ... [more ▼] Examines sanctions imposed on Russia in response to its invasion of Ukraine and how they impact ‘designated persons’ subjected to targeted sanctions. Argues that although some commentators have questioned the ethics of legal advisers who represent those persons seeking to challenge their designation, access to legal representation remains a cornerstone of the rule of law. [less ▲] Detailed reference viewed: 48 (6 UL)![]() Happold, Matthew ![]() in ICSID Review (2021), 36(2), 278-285 This case comment examines the decision of the tribunal in Eskosol v Italy rejecting the respondent’s jurisdictional objections based on the inapplicability of the Energy Charter Treaty to intra-EU ... [more ▼] This case comment examines the decision of the tribunal in Eskosol v Italy rejecting the respondent’s jurisdictional objections based on the inapplicability of the Energy Charter Treaty to intra-EU disputes. In particular, it examines the tribunal's construction of a division between EU law and the ECT, emphasizing the separate and distinct characters of the two regimes, with the twin ambitions of making intra-EU arbitration under the ECT less objectionable from an EU law perspective while maintaining the autonomy of ECT arbitral tribunals. Whether the tribunal's first objective is feasible, however, is doubted and the extent to which intra-EU arbitration under the ECT has a future questioned. [less ▲] Detailed reference viewed: 61 (2 UL)![]() Happold, Matthew ![]() E-print/Working paper (2021) The link between judicial education and an efficient judiciary is, one hopes, obvious. But in order to ensure judicial independence, contemporary wisdom has it, judicial education should also be in the ... [more ▼] The link between judicial education and an efficient judiciary is, one hopes, obvious. But in order to ensure judicial independence, contemporary wisdom has it, judicial education should also be in the hands of the judiciary. Absent such control, there is a risk that judges may be indoctrinated by interested actors and their independence compromised. Some critics, however, have been sceptical about judicial control of judicial education. Judicial control of education often justified on basis of expertise as well as need to protect independence. But judges are not pedagogues (and their view of what judging does, or should, entail are often untheorized). Nor are they particularly representative of society. In addition, a danger unmitigated by judicial control of judicial education is regulatory capture, defined as ‘the result or process by which regulation, in law or application, is consistently or repeatedly directed away from the public interest and toward the interests of the regulated industry, by the intent and action of the industry itself'. Even if other voices are integrated into discussions, the danger exists that they might seek to subvert the process to privilege their interests over the general interest. Such concerns have recently been raised in England and Wales with regard to the Equal Treatment Bench Book. The paper examines the relationship between judicial education and judicial independence through the lens of this controversy. It concludes that when judicial education trespass on the independence of the individual judge is not an easy question to answer (not least because education is always about socialization) but, crucially, it is not one answered by putting judicial education in the hands of the judiciary. [less ▲] Detailed reference viewed: 46 (0 UL)![]() Happold, Matthew ![]() in New Law Journal (2021) When the cab rank rule is no longer a defense: considerations when accepting instructions overseas. Barristers have hit the headlines recently for taking instructions on controversial cases in foreign ... [more ▼] When the cab rank rule is no longer a defense: considerations when accepting instructions overseas. Barristers have hit the headlines recently for taking instructions on controversial cases in foreign jurisdictions, to which the cab rank rule obliging a barrister to accept any work does not apply. When accepting such cases, barristers should bear in mind whether those foreign proceedings are at odds with their core duties under the Bar Standard Board’s Code of Conduct, particularly in politically sensitive cases. [less ▲] Detailed reference viewed: 63 (4 UL)![]() Happold, Matthew ![]() E-print/Working paper (2020) This paper examines how arbitral proceedings and domestic criminal processes can interact; how parties to arbitrations have attempted to use domestic criminal proceedings to advance their interests; and ... [more ▼] This paper examines how arbitral proceedings and domestic criminal processes can interact; how parties to arbitrations have attempted to use domestic criminal proceedings to advance their interests; and how arbitral tribunals can and should respond to such attempts. It concludes that arbitral tribunals must take account of concurrent national criminal proceedings but cannot defer entirely to them. This is not only because they undertake a different role but also because national authorities cannot always entirely be trusted. In turn, this means that tribunals can find themselves between Scylla and Charybdis, so that arbitrators must be skillful navigators to get safely to their destination: an enforceable award. [less ▲] Detailed reference viewed: 17 (2 UL)![]() ![]() Happold, Matthew ![]() in Andenas, Mads; Pantaleo, Luca (Eds.) EU External Action in International Economic Law: Recent Trends and Developments (2020) Detailed reference viewed: 131 (4 UL)![]() ; ; Happold, Matthew ![]() Book published by T.M.C Asser Press (2020) Detailed reference viewed: 120 (5 UL)![]() Happold, Matthew ![]() in ICSID Review (2020), 34(2), 496518 In the light of increasing discontent with arbitration as a method of investor–State dispute settlement (ISDS), alongside proposals for the establishment of court systems for the settlement of such ... [more ▼] In the light of increasing discontent with arbitration as a method of investor–State dispute settlement (ISDS), alongside proposals for the establishment of court systems for the settlement of such disputes, this article suggests that such a mechanism might already be available for West African States in the form of the Court of Justice of the Economic Community of West African States (ECOWAS). The ECOWAS Court of Justice, the article shows, can already deal with a variety of investor–State disputes, while reforms are suggested to extend its investment jurisdiction and render it more effective. Such initiatives, it argues, would assist in developing African States’ role as ‘investment rule makers’ rather than ‘rule takers’, as well as further ECOWAS’s mission to promote economic integration within West Africa. [less ▲] Detailed reference viewed: 91 (6 UL)![]() ; Happold, Matthew ![]() in International and Comparative Law Quarterly (2019), 68(3), 741-759 In a variety of investment arbitration cases, respondent States have argued that the measure complained of by the investor was mandated by the State’s human rights obligations. This defence raises ... [more ▼] In a variety of investment arbitration cases, respondent States have argued that the measure complained of by the investor was mandated by the State’s human rights obligations. This defence raises intricate questions concerning the relationship between international investment law and human rights law. Tribunals have generally been reluctant to engage with the argument and to interpret the relationship between investment law and human rights in a straightforward manner. This article discusses two other possibilities: harmonious interpretation and prioritisation. Harmonious interpretation seeks to read provisions from investment treaties and human rights treaties together, whereas prioritisation gives normative superiority to one provision over another. We conclude that harmonious interpretation is facilitated by the discretionary character of common treaty standards in both human rights and investment law, but that the final result is not likely to be very different from prioritisation, because even harmonious interpretation requires that one provision is read in the light of, and thereby subjugated to, another provision. [less ▲] Detailed reference viewed: 224 (8 UL)![]() Happold, Matthew ![]() in Ruys, Tom; Angelet, Nicolas (Eds.) The Cambridge Handbook of Immunities and International Law (2019) At first glance, State military property and State cultural property are not two categories of goods with much in common. Legally, however, they are classed together for one particular purpose: both are ... [more ▼] At first glance, State military property and State cultural property are not two categories of goods with much in common. Legally, however, they are classed together for one particular purpose: both are generally immune from foreign State court measures of constraint. This classification reflects the importance both categories of good have to States, their governments and (not least) their peoples. This chapter will show how that importance is reflected in the law on State immunity, but will also consider why, in each case, the distinction exists and whether it can be justified. [less ▲] Detailed reference viewed: 149 (2 UL)![]() Happold, Matthew ![]() ![]() in Journal of World Investment and Trade (2018), 19(1), 95-117 This article considers the extent to which foreign investors in Member States of the Economic Community of West African States (ECOWAS) might be able to use the ECOWAS Court of Justice to protect their ... [more ▼] This article considers the extent to which foreign investors in Member States of the Economic Community of West African States (ECOWAS) might be able to use the ECOWAS Court of Justice to protect their investments against actions of their host States. It does so taking into account the ECOWAS Supplementary Act on Investments and the jurisprudence of the Court of Justice on, in particular, the extent of its substantive jurisdiction. Although it is not suggested that the Court of Justice would be better forum than an international arbitral tribunal, it is argued that it has considerable advantages over national courts. [less ▲] Detailed reference viewed: 403 (37 UL)![]() ![]() Happold, Matthew ![]() in Riassetto, Isabelle; Heuschling, Luc; Ravarani, Georges (Eds.) Liber Amicorum Rusen Ergeç (2017) This chapter examines how the question of whether legal persons (in particular corporations) enjoy human rights has been answered under a number of human rights treaties. Most human rights treaties have ... [more ▼] This chapter examines how the question of whether legal persons (in particular corporations) enjoy human rights has been answered under a number of human rights treaties. Most human rights treaties have been interpreted as conferring rights upon natural, but not on legal, persons. And most international human rights bodies will only entertain complaints from individuals and not from corporations. But the European Court of Human Rights and the Court of Justice of the European Union have taken a quite different approach from that of other regional and sub-regional courts and the UN Human Rights Committee, viewing corporations as rights-holders under the treaties they administer. They have done so, however, largely on the basis not of any expressed philosophical disagreements but by reference to the relevant treaty texts. Grander arguments have tended to be supportive, even when extensive. This is unsurprising. If such an important distinction is to be made, it should be undertaken by the treaty drafters. But saying that legal persons can be rights-holders under human rights treaties is only a beginning. Corporations are not individuals, even though they can be analogised as such. Which leads back to the original question: when should they benefit from the same rights as individuals? Two issues arise here. The first concerns what rights corporations should enjoy: the second the extent to which they should enjoy them. In contrast to the initial question, these two issues have been left to the judges alone to determine. The justification given by the European Court of Human Rights for precluding governmental bodies or entities from bringing claims is to prevent States parties to the Convention from acting both as applicants and respondents, because it is the State itself which is obliged to guarantee respect for fundamental rights within its territory. Drilling down further, one might say that different categories of entity are holders of rights and bearers of obligations under human rights treaties. Increasingly, given the decline of the State and the rise of the corporation, we are told that human rights should serve directly to regulate corporate behaviour. Might not the same consideration lead to a need to reconsider the circumstances in which it is appropriate for corporations themselves to enjoy such rights? [less ▲] Detailed reference viewed: 132 (4 UL)![]() ![]() Happold, Matthew ![]() in Eden, Paul; Happold, Matthew (Eds.) Economic Sanctions and International Law (2016) In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The ... [more ▼] In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, 'Economic Sanctions and International Law' provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The introductory essay, by co-editor Matthew Happold, provides a legal taxonomy of sanctions measures, providing a general context for the more in-depth contributions of the individual authors [less ▲] Detailed reference viewed: 229 (1 UL)![]() Happold, Matthew ![]() in Eden, Paul; Happold, Matthew (Eds.) Economic Sanctions and International Law (2016) This chapter examines the compatibility of targeted sanctions – that is, sanctions directed against specific named persons – with the human rights of those who they target. It addresses both sanctions ... [more ▼] This chapter examines the compatibility of targeted sanctions – that is, sanctions directed against specific named persons – with the human rights of those who they target. It addresses both sanctions imposed by the United Nations Security Council and other international organisations, in particular the European Union, and individual States. And it does so by looking at the compatibility of such sanctions with procedural and substantive human rights. [less ▲] Detailed reference viewed: 278 (8 UL)![]() Happold, Matthew ![]() Book published by Hart Publishing (2016) In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The ... [more ▼] In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. [less ▲] Detailed reference viewed: 338 (10 UL)![]() Pichou, Maria ![]() ![]() Book published by Larcier (2016) This book publishes the contributions to the University of Luxembourg/UNHCR symposium on the legal protection of people fleeing armed conflict and other situations of violence. Assembling a distinguished ... [more ▼] This book publishes the contributions to the University of Luxembourg/UNHCR symposium on the legal protection of people fleeing armed conflict and other situations of violence. Assembling a distinguished group of judges, scholars and practitioners, the event examined the assessment of claims for international protection in such situations under, respectively, Article 1A(2) of the 1951 Refugee Convention, Article 3 of the European Convention on Human Rights and Article 15(c) of the EU Qualification Directive. Although originally it was hoped that the symposium would also mark the publication of the UNHCR’s Guidelines for the Protection of People Fleeing Violence and Conflict Across Borders, this did not prove possible. Indeed, the Guidelines still remain unpublished, a testimony to the sensitivity of the topic. Nonetheless, the papers contained in this volume demonstrate how much ground was covered during the symposium and how many important issues were discussed. [less ▲] Detailed reference viewed: 332 (25 UL)![]() Ergec, Rusen ![]() ![]() Book published by Larcier - 3 ème (2014) La troisième édition du présent ouvrage fait le point sur l’importance croissante de la protection internationale et européenne des droits de l’homme et son influence sur nos droits et nos lois nationales ... [more ▼] La troisième édition du présent ouvrage fait le point sur l’importance croissante de la protection internationale et européenne des droits de l’homme et son influence sur nos droits et nos lois nationales, dans les différents domaines de la vie sociale. Après avoir rappelé la genèse et les fondements du droit international des droits de l’homme, l’auteur développe de manière didactique, approfondie et critique le système de protection de l’ONU, le système du Conseil de l’Europe et les autres systèmes régionaux de protection. L’ouvrage intéressera les avocats et les magistrats, spécialisés en matière de droits de l’homme, droit européen et droit international, mais aussi le monde universitaire à travers ses professeurs et ses étudiants. [less ▲] Detailed reference viewed: 493 (10 UL) |
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