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 …
Leer »Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law
Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory …
Leer »The South China Sea Arbitration is Here! And China Will Not Be Happy
The South China Sea Arbitration is Here! And China Will Not Be Happy by Julian Ku The much-anticipated long awaited South China Sea Arbitration award on the merits is here! It is a slam-dunk, complete, utter, massive, total legal victory for the Philippines on all counts (lots of metaphors here, …
Leer »Brexit and International Law
Brexit and International Law In earlier posts (here and here) there was a discussion about the different scenarios that might play out following the UK’s vote to exit the European Union. These and other debates have focused largely on the legal implications for the UK and the European Union and …
Leer »Three New ICJ Cases Filed, Including Iran v. United States
Three New ICJ Cases Filed, Including Iran v. United States In some ten days the International Court of Justice got three new cases on its docket. First, on 6 June Chile instituted proceedings against Bolivia with regard to a dispute concerning the status and use of the waters of the …
Leer »The Supremacy of International Law? – Part Two
The Supremacy of International Law? – Part Two Editor’s Note: This is the text of the 2nd Annual British Embassy (The Hague) International Law Lecture, delivered on 23 May 2016 (part two of two). Part one is available here. The relevance, engagement and application of international law in the domestic space are addressed …
Leer »Are Human Rights Hurting Migrants at Sea?
Are Human Rights Hurting Migrants at Sea? Every year hundreds of thousands of irregular migrants, including asylum seekers and refugees, cross the Mediterranean Sea to enter Europe. More than 200.000 are thought to have crossed in 2014, reaching the coasts of Italy, Greece, Spain, Malta and Cyprus. The reasons for …
Leer »The Palestinian Authority Jury Award: Implications on Liability of Non-States and Damages for Psychological Harm
The Palestinian Authority Jury Award: Implications on Liability of Non-States and Damages for Psychological Harm The recent jury verdict in the U.S. federal court finding that the Palestinian Authority should pay $655.5 million in damages to American victims of terrorism during the second Intifada has important legal and political ramifications. …
Leer »Sovereign Debt Litigation Against Argentina: An Aberration or A New Routine?
Sovereign Debt Litigation Against Argentina: An Aberration or A New Routine? Hayk Kupelyants is a PhD candidate at Sidney Sussex College, University of Cambridge. Argentina’s 2001 economic crisis led to one of the most extensive sovereign debt restructurings in history. In hindsight, it was also one of the harshest, in …
Leer »Palestine, UN Non-Member Observer Status and ICC Jurisdiction
Palestine, UN Non-Member Observer Status and ICC Jurisdiction On 22 January 2009, the Palestinian Minister of Justice, on behalf of the Palestinian National Authority (PNA), lodged a declaration recognizing the jurisdiction of the International Criminal Court (ICC) (pictured left) ‘for the purpose of identifying, prosecuting and judging the authors and …
Leer »Palestine, UN Non-Member Observer Status and ICC Jurisdiction
Palestine, UN Non-Member Observer Status and ICC Jurisdiction On 22 January 2009, the Palestinian Minister of Justice, on behalf of the Palestinian National Authority (PNA), lodged a declaration recognizing the jurisdiction of the International Criminal Court (ICC) (pictured left) ‘for the purpose of identifying, prosecuting and judging the authors and …
Leer »Crimea: Does “The West“ Now Pay the Price for Kosovo?
Crimea: Does “The West“ Now Pay the Price for Kosovo? There is a lingering sentiment on this blog (see the posts by Nico Krisch and Christian Marxsen) that “the Kosovo issue” has facilitated the blatant violations of international law recently committed by Russia with regard to Crimea (notably the unlawful …
Leer »