Archivo de Etiquetas: Article

The Israeli Strikes on Iranian Forces in Syria: a case study on the use of force in defence of annexed territories Factual Background and Legal Issue The extensive air strikes launched by Israel on Iranian forces and assets across Syria in the early morning of 10 May 2018 present a …

Interesante sentencia de la CIJ sobre excepciones preliminares en el caso ‘Immunities and Criminal Proceedings’ (Guinea Ecuatorial contra Francia): discusión sobre abusos procesales y del derecho, distinción entre principios y sus derivados Por Nicolás Carrillo Santarelli La Corte Internacional de Justicia (en adelante, CIJ) acaba de emitir y publicar su …

Protection of civilians in Palestine: UN Security Council fails to adopt a resolution (due to US veto) Protection of civilians in Palestine: UN Security Council fails to adopt a resolution (due to US veto) On June 1st, the UN Security Council voted a draft resolution presented by Kuwait concerning the …

Visions of the ‘Right to Democratic Governance’ under International Law: The Complexities of the Philippines under Duterte Is international law any closer to defining the content of a “right to democratic governance”? International human rights law instruments do not prescribe a form of governance, but they do explicitly refer to …

The International Community and the Challenge to the Rule of Law: The Future of Iran Nuclear Deal by Katayoun Hosseinnejad and Pouria Askary [Katayoun Hosseinnejad is a university lecturer of international law and attorney at law in Iran and Pouria Askary is an assistant professor of international law at law school of …

70 Years of the International Law Commission: Drawing a Balance for the Future by Christiane Ahlborn and Bart Smit Duijzentkunst [Christiane Ahlborn and Bart Smit Duijzentkunst are Associate Legal Officers at the Codification Division of the United Nations Office of Legal Affairs in New York. This post, and its sister post …

ICERD and Palestine’s Inter-State Complaint On 23 April, The Guardian reported that Palestinian diplomats had filed an inter-state complaint against Israel for breaches of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). According to the Ministry of Foreign Affairs and Expatriates of …

The Attack on Syria and the Contemporary Jus ad Bellum The United States, Britain, and France have attacked various chemical weapons facilities in Syria. Even before they acted, a number of commentators claimed that any such attack would be internationally unlawful. Below, I explain why that claim is too simplistic …

The Dispute between Guyana and Venezuela over the Essequibo Region Introduction On 29 March 2018, Guyana filed an Application against Venezuela before the International Court of Justice (‘ICJ’) concerning the two States’ long-standing dispute over the Essequibo region. This Application was filed after the UN Secretary General decided on 30 …

Aggression and Criminal Responsibility (for Whom?) by Nikola Hajdin [Nikola Hajdin is a doctoral candidate in international law at Stockholm University and a fellow at the Stockholm Centre for International Law and Justice] On December the 14th, 2017, the Assembly of States Parties to the Rome Statute adopted a resolution …

A New Extraterritorial Jurisdictional Link Recognised by the IACtHR In its recently published Advisory Opinion on “The Environment and Human Rights” of 15 November 2017 (in EJIL: Talk! summarized here; on its potential diagonal effect see here), the Inter-American Court is the first human rights court to recognise a new extraterritorial …

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 …