Archivo de Etiquetas: Application

Achmea: The principle of autonomy and its implications for intra and extra-EU BITs On 6 March 2018, the CJEU issued its judgment in Case C-284/16 Achmea, where it opined that intra-EU BITs and in particular their ISDS provisions are incompatible with the principle of autonomy of EU law. In a …

A New Legal Framework for the Enforcement of Settlement Agreements Reached through International Mediation: UNCITRAL Concludes Negotiations on Convention and Draft Model Law Introduction On February 9, 2018, the United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II concluded negotiations on a convention and model law on the …

Times Are Changing – and What About the International Rule of Law Then? Note from the Editors:  This week we hold the first EJIL:Talk! Contributing Editors’ Debate, where some or all of our distinguished Contributing Editors lend their views on broad themes of international law and the state of the art, …

The European Convention on Human Rights: the Draft Copenhagen Declaration and the Threat to the European Court by Roisin Pillay [Róisín Pillay is Director of the International Commission of Jurists (ICJ) Europe Programme.]  The European Court of Human Rights is once more facing a political challenge to its role, in …

Foreign Office Certificates and Diplomatic Immunity in the Assange Affair The Assange saga continues with recent decisions in the English Courts upholding the warrant for Julian Assange’s arrest. Dapo’s recent post on Ecuador’s purported appointment of Julian Assange as one of its diplomats to the UK considered the position on …

The Rise of Environmental Law in International Dispute Resolution: Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights The Inter-American Court’s Advisory Opinion on Environment and Human Rights, released on 7 February 2018 (in Spanish only) (for brevity “AO”), is the latest and potentially most …

Human Rights and the Protection of the Environment: The Advisory Opinion of the Inter-American Court of Human Rights On 7 February 2018, the Inter-American Court of Human Rights (the Court, IACtHR) issued the much awaited advisory opinion (A/O) concerning the obligations of States Parties to the American Convention on Human …

The Activation of the Crime of Aggression in Perspective In its final hours soon after midnight of 14 December 2017, the 16th Assembly of States Parties to the Rome Statute of the International Criminal Court decided to activate the Court‘s jurisdiction over the crime of aggression. This is the effect …

The Constitutional Conflict in Turkey: Is There Still an Effective Remedy for Human Rights Violations? by Massimo Frigo [Massimo Frigo is the Senior Legal Advisor of the International Commission of Jurists, Europe Programme.] A legal dispute between first instance ordinary courts and the Constitutional Court in Turkey is leading the country …

Ecuador Seeks to Confer Diplomatic Status on Julian Assange: Does this Oblige the UK to Allow Him to Leave the Embassy & Is the Matter Headed to the ICJ? There is a recent twist in the Julian Assange saga leading to new claims that the UK has the legal obligation …

THE DICKENSON BAY AGREEMENT AGREEMENT ESTABLISHING THE CARIBBEAN FREE TRADE ASSOCIATION The Governments of Antigua, Barbados and British Guiana – SHARING a common determination to fulfil within the shortest possible time the hopes and aspirations of their peoples of other Caribbean countries for full employment and improved living standards; CONSCIOUS …