Editor’s Note

Gardiner, Eileen

doi:10.2307/j.ctt1t88tzb.3

Cited by 7 publications

(7 citation statements)

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“…In his commentary on treaty interpretation Gardiner, echoing Judge Schewbel's statement noted above, states that "courts and tribunals tend to seize on anything that looks helpful and they assess admissibility by applying the principle that clarificatory information must attest to a meaning which can be said to have been accepted (at least implicitly) by prospective parties." 135 Such a pragmatic approach could be a useful strategy, especially when there is little other material to provide context to a treaty provision. This could be especially true where the SIA and Commission response are put forth as supporting evidence along with other material in support of an interpretive argument.…”

Section: Travaux Préparatoiresmentioning

confidence: 99%

Sustainability Impact Assessments as Inputs and as Interpretative Aids in International Investment Law

Gehring

Stephenson

Segger

2017

J World Invest Trade

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Sustainability impact assessments (SIAs) act as bridges between trade and investment agreements and social, environmental and human considerations. They are relevant as inputs into the treaty negotiation process and as interpretive aids in investment treaty arbitration. As inputs, SIAs attempt to measure the impact of environmental, social, economic and human rights aspects of trade and investment agreements prior to and during a treaty’s negotiation. SIAs have been performed on all major negotiations in the EU since 1999, and will continue to be performed under its investment competence. Case studies in this article demonstrate how SIAs may include climate change. Additionally, legal recommendations are offered which, if adopted by the Directorate General for Trade, should increase the effectiveness of SIAs. As interpretive aids, SIAs may be key references in treaty interpretation arguments in light of increased environment and development related investment disputes and focus on sustainable development policy space.

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Section: Travaux Préparatoiresmentioning

confidence: 99%

Sustainability Impact Assessments as Inputs and as Interpretative Aids in International Investment Law

Gehring

Stephenson

Segger

2017

J World Invest Trade

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“…10 Squealing tyres and noisy exhausts seldom fail to attract attention. There are other stimuli to which policemen respond and there are other groups in the community at risk.…”

Section: Anzj Crim (1980) 13mentioning

confidence: 99%

The Enforcement of Traffic Law in the Australian Capital Territory

Nichols

1980

Australian & New Zealand Journal of Criminology

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“…The former is within the scope of the Vienna rules, the latter not. 146 In this light, the CJEU in the Western Sahara Campaign UK case put the cart before the horse by blurring the lines between interpretation and application. Here, the Court set out to interpret the terms 'territory' of Morocco and 'waters falling within the sovereignty' of Morocco, but it did so by directly applying the principle of self-determination and the principle of relative effect of treaties to the facts of the case.…”

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confidence: 99%

BetweenSollenandSein: The CJEU’s reliance on international law in the interpretation of economic agreements covering occupied territories

Kassoti¹

2020

Leiden Journal of International Law

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This contribution focuses on the Court of Justice of the European Union (Court or CJEU) reliance on international law in cases involving economic agreements covering occupied territories. In its earlier case law, the Court adopted a formalistic approach by ignoring the broader international legal framework of the dispute in an effort to achieve conformity with international law, while at the same time avoiding being drawn into political storms. The article continues by identifying an even more worrisome trend in the Court’s latest judgments in the Front Polisario and Western Sahara Campaign UK cases. In these two cases the Court showed its willingness to stretch the international rules of treaty interpretation to a breaking point in order to avoid pronouncing on the politically sensitive question of the de facto application of the EU’s agreements with Morocco in the territory of Western Sahara. The article concludes by asserting that the Court’s line of argumentation brings another dimension to the Völkerrechtsfreundlichkeit debate. The classical, binary understanding of the Court’s approach as ‘open/hostile’ to international law only provides us with a partial picture of how international law was actually used in these cases. The Court’s apparent willingness to rely on international law as a heuristic device to reinforce an outcome that radically departs from the logic and structure of international law and international legal argumentation requires a more in-depth engagement with both the content of the international law rules invoked in those judgments and with the Court’s use of such rules.

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Editor’s Note

Cited by 7 publications

References 0 publications

Sustainability Impact Assessments as Inputs and as Interpretative Aids in International Investment Law

Sustainability Impact Assessments as Inputs and as Interpretative Aids in International Investment Law

The Enforcement of Traffic Law in the Australian Capital Territory

BetweenSollenandSein: The CJEU’s reliance on international law in the interpretation of economic agreements covering occupied territories

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