Archivo de Etiquetas: treaty

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 …

Prolonged Occupation or Illegal Occupant?   An unresolved question in international humanitarian law is whether an occupying power – whose authority as occupant may have initially been lawful – can cross a bright red line into illegality because it is acting contrary to the fundamental tenets of international law dealing …

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 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 …

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 …

Summit of the Americas: Is There a Place for Venezuela? by Ricardo Arredondo [Ricardo Arredondo is Professor of Public International Law at the University of Buenos Aires.] 1. Introduction In recent months, Latin-American countries have been actors and witnesses of a heated debate, as tend to be those in which …

Tratado sobre prohibición de armas nucleares: breve balance Foto de la mesa que dirigió las negociaciones extraida de entrevista radial del Programa Hablando Claro titulada “El papel de Costa Rica en el Tratado sobre la Prohibición de las Armas Nucleares, con Elaine White” En julio del 2017, se celebró la …

Times Are Changing – and What About the International Rule of Law Then? Note from the Editors:  This week we hold the first EJIL:Talk! Contributing Editors’ Debate, where some or all of our distinguished Contributing Editors lend their views on broad themes of international law and the state of the art, …

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 …

The International Criminal Court Gets Jurisdiction Over the Crime of Aggression The Assembly of States Parties to the Statute of the International Criminal Court has, overnight (New York time), adopted a resolution which activates the jurisdiction of the Court over the crime of aggression. This was the culmination of intense negotiations …

The Puzzling US Submission to the Assembly of States Parties by Kevin Jon Heller The US submission to the ASP has finally appeared. It is not very long — about 1.5 pages — but manages to pack in a good number of false claims and bizarre interpretations of the Rome …

Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1) by Sergey Vasiliev [Sergey Vasiliev is an Assistant Professor of International Law, Grotius Centre for International Legal Studies, Leiden University. This is the first part of a two-part contribution.] Questions raised by the ICC’s reaction …