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Talks

- Competition issues for brands under articles 101 and 102 of the Treaty of the Functioning of the European Union.
- Competition issues in relation to exclusive and selective distribution agreements, and franchise agreements.

The Vienna Convention on Diplomatic Relations (VCDR) rests on the basic premise that diplomatic relations are conducted between sovereign and independent States represented by their governments. Civil war-like situations in Libya and the creation of secessionist entities in Northern Cyprus, Abkhazia, South Ossetia or Somaliland have given rise to the question to what extent States can conduct 'diplomatic relations' with the local de facto authorities exercising effective control over part of a State's territory but not recognized internationally as a new State or the government of an existing State. The paper examines the relationship between diplomatic or quasi-diplomatic relations and recognition of new States and governments in international law. It shows how States have used such relations to influence the political developments in a country and mediate in the conflict between the parties. Although not directly governed by the VCDR such quasi-diplomatic relations are closely modelled on formal diplomatic relations conducted between States within the framework of the VCDR which provides guidance on matters such as privileges and immunities of diplomatic envoys sent to local de facto authorities.

The Security Council has acted as world legislature, adopting resolutions which impose obligations of a general and abstract character on member States akin to obligations entered into by States in international agreements. The question arises whether under international law and especially under Chapter VII of the UN Charter the Council may assume such far-reaching powers and enact legislation for the international community and, if so, what the limits and procedures of such legislation are. In theory, Council legislation is a powerful instrument for the maintenance of international peace and security; in practice, however, such legislation is fraught with problems, the most significant being the lack of clarity of the legislative acts and the question of implementation. The Council would therefore be well advised to legislate only to an extent which reflects the general will of the member States.

Please find excerpts from the talk in the attached PDF.

In the first lecture in the King James Lecture Series, Sir Daniel Bethlehem QC spoke on Aspects of Dispute Resolution in the International World.