Everything is harmonized. The CJEU’s decision in Kwantum v. Vitra – Go Health Pro

Everything is harmonized. The CJEU’s decision in Kwantum v. Vitra – Go Health Pro

Just seven weeks after the release of the AG’s Opinion the Kwantum v. Vitra case was decided by the European Court. For Dutch background and early criticism, see my earlier blog. The main question asked to the Court was whether a Member State may unilaterally apply the Berne Convention’s rule of material reciprocity (Article 2(7) … Read more

Andrew Radding provided expert analysis in The Baltimore Sun concerning federal judge’s decision to deny Marilyn Mosby’s petition to amend home confinement. – Go Health Pro

Andrew Radding provided expert analysis in The Baltimore Sun concerning federal judge’s decision to deny Marilyn Mosby’s petition to amend home confinement. – Go Health Pro

Andrew Radding, counsel at Brown, Goldstein & Levy, offered expert legal insight into the court’s decision regarding former Baltimore State’s Attorney Marilyn Mosby’s request for a nightly curfew. Andy’s legal insight was included in a recent article published by The Baltimore Sun on October 16, 2024, titled “Federal judge denies ex-Baltimore State’s Attorney Marilyn Mosby’s … Read more

Q&A: Words matter when communicating a termination decision – Go Health Pro

Q&A: Words matter when communicating a termination decision – Go Health Pro

                Question: We have several reasons to terminate a long-term employee whose performance and attitude have declined to the point of no return, but we don’t have good documentation. He says he cannot wait to retire but has not given us a date. We’d like to keep his … Read more

The Diarra ruling is a flawed decision – and football fans will pay the greatest price – Go Health Pro

The Diarra ruling is a flawed decision – and football fans will pay the greatest price – Go Health Pro

On 4 October, the Court of Justice of the European Union issued a ruling – known as the “Diarra ruling” – that could have major consequences for the transfer system in football. Tsjalle van der Burg argues the ruling neglects competition in consumer markets and the interests of football supporters. In 1995, the Bosman ruling … Read more

The Choice in Palestine v Israel – EJIL: Speak! – Go Well being Professional

The Choice in Palestine v Israel – EJIL: Speak! – Go Well being Professional

On 22 August 2024, the UN Committee on the Elimination of Racial Discrimination (CERD/the Committee) revealed the report of the advert hoc Conciliation Fee (the Fee) in Palestine v Israel. This marks the ultimate stage of the inter-State communications process initiated by Palestine in April 2018 beneath Article 11 of the Worldwide Conference on the Elimination of All Types of Racial Discrimination (ICERD), and the primary inter-State case to be accomplished earlier than a UN human rights treaty physique. The choice, nevertheless, should be thought of a missed alternative to have interaction intimately with Palestine’s arguments, notably on Article 3 and apartheid. This put up will think about the shortcomings within the determination and replicate on the place CERD may go from right here in relation to the scenario within the Occupied Palestinian Territory (OPT).

First, simply to notice the excellence between CERD and the Fee as set out in ICERD’s inter-State communications mechanism. Below Article 11, CERD decides on preliminary questions of jurisdiction and admissibility. If the case progresses, an advert hoc Conciliation Fee comprising 5 individuals is appointed and tasked with analyzing the problems of substance. As mentioned beforehand on this weblog, if the events to the dispute agree, then the Fee could be composed of any particular person (with some minor restrictions) together with exterior members. If not, the Fee is elected from amongst CERD members. In Palestine v Israel, there was no settlement between the events and so the Fee is comprised totally of CERD members. However it isn’t per se a CERD determination, somewhat a call of the Fee that’s then communicated (i.e. revealed) by CERD.

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