Archivo de Etiquetas: Case

Towards an International Convention on Business and Human Rights by Carlos Lopez [Carlos Lopez is a Senior Legal Advisor at the International Commission of Jurists.] The first draft of one of the most important international human rights treaties of recent years, and instrument addressing on business and human rights has …

Here Comes the Name Again: Treaty Making at the Epicenter of the Greek Debate over the agreement with the former Yugoslav Republic of Macedonia This week, the Prime Ministers and Foreign Ministers of Greece and the former Yugoslav Republic of Macedonia reached agreement over the long running dispute regarding the …

The End of the Iran Deal and the Future of the Security Council Snapback by Jean Galbraith [Jean Galbraith is an Assistant Professor at the University of Pennsylvania Law School.] Yesterday, President Trump announced that the United States will withdraw from the Iran deal. He is not claiming any major …

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 …

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 …

The ICC’s Curious Dissolution of the Afghanistan Pre-Trial Chamber by Kevin Jon Heller Many ICC observers have been wondering why the Pre-Trial Chamber is taking so long to decide on the OTP’s request to open a formal investigation into the situation in Afghanistan. A little-noticed document filed by the Presidency …

The US’s New Nuclear Posture Review: Blurring the Lines of Anticipatory Self-Defense by Yulia Ioffe and Olga Bozhenko [Yulia Ioffe is a DPhil (PhD) candidate and a tutor in Public International Law at University of Oxford and Olga Bozhenko is an LL.M student in International Litigation (Public International Law) at Institute …

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 …

The Pardon of Fujimori: Amnesties and Remedies Before the Inter-American Court of Human Rights by Carlos Lopez [Carlos Lopez is a Senior Legal Adviser at the International Commission of Jurists.] The “humanitarian pardon and grace” granted by Peruvian President Kuczynski to former President Fujimori on the eve of Christmas 2017 has spurred …

The Customary International Law of Jurisdiction in the Restatement (Fourth) of Foreign Relations Law by William S. Dodge [William S. Dodge is Martin Luther King, Jr. Professor of Law at the UC Davis School of Law. He currently serves as a co-reporter for the Restatement (Fourth) of Foreign Relations Law.] …