News

UK Government’s Future Partnership Paper on Foreign policy, defence and development: including proposals for co-operation on sanctions, cyber security, and the defence and security industries

The UK Government has released a Paper outlining the UK’s proposals for a future partnership with the EU regarding foreign policy, defence and development. The Paper highlights the UK’s shared interests and values with the EU regarding foreign policy and … Continue reading

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Filed under Brexit, EU, Europe, News

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to … Continue reading

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Filed under Brexit, EU, EU Law, Europe, News, Public International Law, UK

PCA Tribunal rules on disputed Slovenia and Croatia land and maritime boundaries

In a long-running dispute, the Permanent Court of Arbitration (“PCA“) Tribunal has issued its Final Award. The Final Award, which runs to nearly 400 pages, determines disputed territorial and maritime boundaries between the Republic of Slovenia and the Republic of … Continue reading

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Filed under Arbitration Proceedings, Award, Boundaries and Delimitation, EU, Europe, News, Public International Law, State to state claims

What to watch for as NAFTA (re)negotiators get to work

On August 16, 2017, trade representatives of the United States, Mexico and Canada will convene in Washington, DC for the first of seven scheduled rounds of negotiations in relation to the North American Free Trade Agreement (NAFTA). The negotiations have … Continue reading

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Filed under Americas, Investment Arbitration, ISDS, ISDS Reform, News, Public International Law, Trade law, Treaty negotiation, interpretation and impact, US

New sanctions reporting requirements for non-financial sector businesses

With effect from 8 August, the Government has introduced significant new reporting requirements in relation to EU asset freeze regimes. Previously, only businesses in the financial sector were subject to the obligations, found in UK financial sanctions instruments, to report … Continue reading

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Filed under EU, EU Law, European Regulation, News, Sanctions, UK

UK GOVERNMENT PUBLISHES RESPONSE ON THE LEGAL FRAMEWORK FOR SANCTIONS POST-BREXIT

On 2 August 2017, the UK Government published its response to the public consultation on the UK’s future legal framework for imposing and implementing sanctions after the UK’s exit from the European Union (see our previous blog post). The response … Continue reading

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Filed under Brexit, News, Sanctions

NAFTA Renegotiation: ISDS reform objectives

The United States will lobby for changes to the investor-state dispute settlement (“ISDS”) provisions of the North American Free Trade Agreement (“NAFTA”) in the upcoming discussions to renegotiate the regional treaty. ISDS reform is one of several “negotiating objectives” announced … Continue reading

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Filed under Americas, Investment Arbitration, ISDS, ISDS Reform, News, Public International Law, The Americas, Trade law, US

EU – Japan Economic Partnership Agreement announced

On 6 July 2017 the EU and Japan announced an agreement in principle on their Economic Partnership Agreement (“EPA“).  The scale of this agreement is eye-popping: once in effect the EPA will cover nearly 40 percent of all goods exports, … Continue reading

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Filed under Asia, Economic partnership agreement, EU, ISDS, Japan, News, Trade law

UK GOVERNMENT PUBLISHES BREXIT POSITION PAPER ON PRIVILEGES AND IMMUNITIES

Prior to the next round of Brexit negotiations, on 13 July 2017 the Government published a position paper on the privileges and immunities enjoyed by the EU institutions, agencies and representatives in the UK in the context of Brexit. The … Continue reading

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Filed under EU, EU Law, Europe, International organisations, News, Privileges and immunities

HSF Consultant Antonio Pastor’s book published: “The economic relevance of the settlement of maritime boundaries between States. The role of insular formations”

Herbert Smith Freehills' consultant Antonio Pastor is pleased to announced the release of his book  'Delimitation of maritime boundaries between states. Insular formations and low-tide elevations' (TIRANT LO BLANCH, Valencia, 2017). Commenting on the book, Antonio said: "There is an … Continue reading

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Filed under Arbitration Proceedings, Boundaries and Delimitation, China, ITLOS, News, Oil & Gas, sovereignty, State to state claims, UNCLOS