Archivo de Etiquetas: Article

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 …

Environmental Damages, Environmental Reparations, and the Right to a Healthy Environment: The ICJ Compensation Judgment in Costa Rica v. Nicaragua and the IACtHR Advisory Opinion on Marine Protection for the Greater Caribbean On 2 February 2018, the International Court of Justice issued a landmark judgment on compensation for environmental damages …

Does the ICJ Have Binding Jurisdiction Over the Guyana-Venezuela Border Controversy? Probably, But Maybe Not by Julian Ku Last month, the UN Secretary General António Guterres announced that he was referring the longstanding border dispute between Guyana and Venezuela to the International Court of Justice. This decision was made after a …

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 …

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON THE LIMITATION OF ANTI-BALLISTIC MISSILE SYSTEMS Signed at Moscow May 26, 1972 Ratification advised by U.S. Senate August 3, 1972 Ratified by U.S. President September 30, 1972 Proclaimed by U.S. President October 3, 1972 Instruments …

No, There Is No International Legal Basis for the “Bloody Nose” Strategy by Kevin Jon Heller At Lawfare yesterday, two law professors at West Point defended the US’s right to attack North Korea if it tests another nuclear weapon or fires another missile into Japanese waters: North Korea is extraordinarily close …

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 …

Hybrid Threats and the United States National Security Strategy: Prevailing in an “Arena of Continuous Competition” The dividing line between war and peace is blurred. This is one of the messages emerging from the National Security Strategy (NSS) of the United States of America adopted in December 2017. The United …

Why the New Weapons Amendments (Should) Apply to Non-States Parties by Kevin Jon Heller Although aggression received most of the attention at the Assembly of States Parties (ASP) last month, the ASP also adopted a series of amendments to Art. 8 of the Rome Statute, the war-crimes provision, prohibiting the use …