Archivo de Etiquetas: Article

International Law in the Age of Trump In the second month of Donald Trump’s presidency, we still know little about his foreign policy agenda. He regularly said things during the campaign that suggested a radical departure from longstanding tenets of U.S. foreign policy. And during his first month in office, …

Comment on Paposhvili v Belgium and the Temporal Scope of Risk Assessment On 13 December 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered a significant ruling in Paposhvili v Belgium, App. No. 41738/10, correcting the narrow approach to Article 3 medical removal cases taken in …

The African Union’s Collective Withdrawal from the ICC: Does Bad Law make for Good Politics? A number of news outlets reported last week that the African Union (AU) had adopted a strategy for collective withdrawal from the International Criminal Court (ICC) (see here, here and here). This follows withdrawals by …

The Origins and Fall of Treaty Supremacy and Its Significance by Thomas Lee [Thomas Lee is the Leitner Family Professor of International Law and the Director of Graduate and International Studies at Fordham Law School. This is the fifth post in our symposium this week on treaty supremacy.] Imagine Congress passes, …

Treaties in Constitutional Time by John Parry [John Parry is the Associate Dean of Faculty and Edward Brunet Professor of Law at the Lewis & Clark Law School. This is the fourth post in our symposium this week on treaty supremacy.] David Sloss’s fantastic new book restores order and sanity to …

Urbaser v Argentina: The Origins of a Host State Human Rights Counterclaim in ICSID Arbitration? Investment tribunals rarely examine host state arguments based on international human rights law in great depth. The ICSID award Urbaser v Argentina is the first to provide a detailed discussion of a host state’s human …

The South China Sea moves to the Indian Ocean: Conflicting Claims Over the Tromelin Islet and its Maritime Entitlements The small, isolated, inhospitable (and inhabited) island of Tromelin, located in the Indian Ocean north of Mauritius and the French Reunion island, and east of Madagascar (see map), has been the subject …

Turkish Military Intervention in Mosul: A Legal and Political Perspective In October 2016, Turkey deployed hundreds of its armed troops to the Iraqi town of Bashiqa, 12 kilometers northeast of Mosul held by Islamic State. Meanwhile, Iraqi officials have called for Turkey to withdraw its forces from Iraq’s territory. Relevantly, …

Ukraine Takes Russia to the International Court of Justice: Will It Work? In a much-anticipated move, on 17 January 2017 Ukraine submitted the lawsuit against Russia at the ICJ alleging the violations of the International Convention for the Suppression of the Financing of Terrorism (Terrorism Financing Convention) and the International …

Una oportunidad perdida: la Corte Internacional de Justicia rechaza tener jurisdicción en los casos sobre desarme nuclear interpuestos por las Islas Marshall El día de hoy, la Corte Internacional de Justicia ha publicado sus decisiones (ver aquí) sobre admisibilidad y jurisdicción en los casos que las Islas Marshall interpusieron contra India, …

Turkey’s Derogation from Human Rights Treaties – An Update In an earlier post of 27 July I provided a first assessment of Turkey’s declared derogation from the European Convention on Human Rights (ECHR) and an assessment what kind of measures could be expected, as derogations both from the ECHR and …