Gulf Coast Authority’s Post

It's Day 4 of RPAC Week! Here are two highlights from the local lobbying effort! For more information about what RPAC has been doing for you and your business, visit us at https://bit.ly/3VoKhgI

For the past year I’ve been working with the excellent Holger Hestermeyer on a research project looking at how Parliament scrutinises treaties and other international arrangements. Our report has now been published by the Centre for Inclusive Trade Policy (an EHRC funded centre of excellence for policy). You can find more details about the research, and a link to the report, in their post (linked below). Many thanks to everyone who helped us with this project. Your support was very much appreciated. We hope that you find the final report of some interest. #internationallaw #trade #parliament #scrutiny

San Marino joins the United Nations Convention on the Law of the Sea UNCLOS The convention guarantees rights and access to marine resources for the landlocked republic Republic of San Marino, July 31st, 2024 – San Marino is the 170th country to ratify the

The adoption of the long-awaited TJ policy by the council of ministers today is an important milestone, provided that what is most critical is its implementation. I look forward to seeing its implementation!!

Matthew Dowd, another standing precedent that seems out of line with the other circuits' approach to appellate standing. I can't understand the precedential drift in this area, or the exacting level of scrutiny the Circuit seems to apply to all of the information they require (and that is provided) on appeal. In short, The Federal Circuit continues to apply an overly rigid near-literal-infringement standing requirement on appeal. Read our 2018 paper here: https://lnkd.in/dqPQXez

MoFo’s Sandeep Nandivada will be moderating a panel at the 2024 American Bar Association Federal Procurement Institute on March 8 in Annapolis, MD. Sandeep will leverage his experience to lead a discussion on "Special Handling Requirements for Classified and CUI Materials in Bid Protests." This session will dive into key compliance trends from 2023, what to expect in 2024, and insights into current challenges and best practices for handling classified and CUI materials in bid protests. https://lnkd.in/efhUCqBZ

Explore the complexities and implications of the Waitangi Tribunal's powers in New Zealand's legal and political landscape in our latest analysis. Edwin Morrison and Andrew Coffin delve into recent court decisions, the unique structure of New Zealand's government and constitution, and how these elements interact with the Treaty of Waitangi. This article provides an in-depth look at the challenges and dynamics at play within New Zealand's constitutional framework. Read more here: https://lnkd.in/gcM-cjKk

An important opinion of the Venice Commission in the case of Poland on the draft law amending the law on the National Council of the Judiciary. This is a crucial step for the restoration of the rule of law in Poland, especially as the NCJ in its current politicised form and composition has been identified by the ECtHR as the core of the crisis of judicial independence. Without its dissolution, there is no chance of restoring an independent judiciary that enjoys the confidence of society. According to the Venice Commission, the draft law on the election of NCJ judges is in line with European standards, ensuring direct election by judges with quotas for diverse representation. However, the Venice Commission and the DGI urge reconsideration of the blanket exclusion of between 2,000 and 3,000 judges (out of approximately 10,000) appointed with the participation of the current NCJ from being candidates for the NCJ to be elected, as this lacks individual assessment and thus raises questions of proportionality. Early termination of the functions of current NCJ members is considered justified to safeguard the independence of the judiciary, with provision for remedies to prevent violations of the ECHR. The whole opinion can be found here: https://lnkd.in/da5PKaz4 #venicecommission #ruleoflaw #judicial #independence #judiciary #proportionality

On the need to get external rules right in interpreting UNCLOS: Prof. Dr. Christina Voigt on the Advisory Opinion by the International Tribunal for the Law of the Sea (ITLOS), the role of the Paris Agreement, determining due diligence, and why ITLOS fell short of a comprehensive and consistent approach to determining which other treaty norms would be relevant to the interpretation of UNCLOS and how. 🔎 To read the full article, click the link in the comments

I share in this blog my personal take on the ITLOS AO. While the Tribunal deserves all praise for its important clarifications on UNCLOS-based climate obligations, it is unfortunate that it takes a very minimalistic view on the Paris Agreement when it refers to it in interpreting UNCLOS. Suggesting that it might be simple for parties to comply with the Agreement (para 223) reveals a limited appreciation of the legal architecture of the Agreement. This is particularly unfortunate in light of the legal obligation of each party to the Paris Agreement to prepare and communicate in 2025 a successive NDC that will progress beyond the previous one and reflect its highest possible ambition (Arts. 4.2 and 4.3 PA). What we need right now is to back-up the Paris Agreement, not to talk it down. My hope therefore is that the ITLOS AO will be used to push up Parties’ ambition in their 2025 NDCs under the Paris Agreement.