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1. Court of Justice of the EU Ruling on Products from Territories Occupied by Israel

Author:
Michał Wojnarowicz and Szymon Zaręba
Publication Date:
01-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
On 12 November 2019, the Court of Justice of the EU (CJEU) issued a judgment on products from Jewish settlements in the Israeli-occupied West Bank and Golan Heights. It states that EU members are required to ensure that the origin is properly marked. The implementation of this requirement may cause disputes in the EU because of differences in Member States’ policies towards Israel. Tensions in relations with the U.S. are also possible, especially in the context of that country’s recent change in policy favouring the Israeli position on settlements. Hence, it is advisable for the EU to develop a uniform policy regarding imports and labelling of products from all occupied territories.
Topic:
International Law, Territorial Disputes, European Union, Occupation, Judiciary, and Trade
Political Geography:
Europe, Middle East, Israel, Palestine, North America, United States of America, West Bank, and Golan Heights

2. The European Central Bank in the COVID-19 crisis: whatever it takes, within its mandate

Author:
Gregory Claeys
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
To keep the euro-area economy afloat, the European Central Bank has put in place a large number of measures since the beginning of the COVID-19 crisis. This response has triggered fears of a future increase in inflation. However, the ECB's new measures and the resulting increase in the size of its balance sheet, even if it were to be permanent, should not restrict its ability to achieve its price-stability mandate, within its legal obligations.
Topic:
Governance, Central Bank, Macroeconomics, Judiciary, and COVID-19
Political Geography:
Europe

3. Pushing the EU to a Hamiltonian Moment: Germany’s Court Ruling and the Need to Build a Fiscal Capacity Force a Constitutional Debate

Author:
Daniela Schwarzer and Shahin Vallée
Publication Date:
05-2020
Content Type:
Special Report
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
The recent ruling of the German Constitutional Court on the ECB was an economic and political bombshell. The deep controversy that resulted – within Germany and on a European scale – illustrates that the ambiguity surrounding the euro area’s legal order and architecture may have reached its limit. The ruling, combined with the plan to build a fiscal capacity to address the economic consequences of the coronavirus crisis, presents the EU with an important opportunity to complete and solidify the euro area.
Topic:
European Union, Constitution, Economy, Fiscal Policy, and Judiciary
Political Geography:
Europe and Germany

4. Beyond Justices The Legal Culture of Judges in Mexico

Author:
Azul Aguiar Aguilar
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
Judges’ ideas, beliefs, and values are central to adjudication. Empowering the courts was a crucial step in third‐wave democracies and, after some unfulfilled promises regarding the potential of the judicialization of politics for rights expansion, we need to learn more about the individuals that were empowered and what their legal culture can tell us about judicial behavior. Do judges consider themselves political actors having a legislative role? What type of legal culture do they have? To advance our understanding of these key determinants of judicial behavior, I use a survey with federal judges in Mexico to explore to what extent judges adhere to a positivist or a principle‐based constitutionalist legal culture. Findings suggest that there is a tension in the judiciary, with some judges embracing the idea of legislating from the bench while others prefer to play the role of being “the mouthpiece of the law.”
Topic:
Culture, Democracy, Legal Theory, and Judiciary
Political Geography:
North America and Mexico

5. A Syrian Perspective on the Special Tribunal for Lebanon: What Lessons to Be Learnt?

Author:
Mansour Omari
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Along with the Lebanese, many Syrians were also closely watching the verdict of the Special Tribunal for Lebanon. This is due in part to suspicions that the Syrian regime may have been involved in Hariri’s assassination but also because of the growing interest of many Syrians in international options for justice for the grave violations committed in Syria since 2011. This paper examines the lessons that Syrians can learn from the STL’s experience in their goal to hold those responsible for war crimes and crimes against humanity accountable.
Topic:
Genocide, Law, Judiciary, Humanitarian Crisis, and Tribunal
Political Geography:
Middle East and Lebanon

6. Comments on the Draft EIA Notification 2020

Author:
Shibani Ghosh
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Ministry of Environment, Forest and Climate Change has proposed a new notification to supersede the Environment Impact Assessment (EIA) Notification 2006 that is currently in force. The Ministry has sought comments from the public on this draft EIA Notification 2020. Shibani Ghosh, Fellow, CPR, in her comments to the Ministry has highlighted that there is a crying need to overhaul the EIA Notification 2006 and the regulatory framework built around it – not only to address its various inherent weaknesses that have been identified over the years, but also to put in place systems and processes that respond to the steadily degrading environmental quality in the country. However, the draft EIA Notification 2020 fails to do so. According to Ghosh, in its current form, the draft Notification is legally untenable as it does not conform to its parent Act – the Environment (Protection) Act 1986, and is in the teeth of various judgments of the Supreme Court, High Courts and the National Green Tribunal. It dilutes the already weak processes of environmental impact assessment, expert scrutiny and public consultation, and wrongly condones violations and illegalities. The comments are divided into two sections. Section I discusses four specific reasons why the draft notification is legally untenable and Section II highlights five major concerns that arise from the proposed regulatory design.
Topic:
Environment, Governance, and Judiciary
Political Geography:
South Asia and India