Archivo de Etiquetas: Advisory Opinion

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 …

Bolivia and Chile in The Hague: Can They Quiet the Ghosts of the Pacific War, and Thrive Together in the 21st Century? by Monica Feria-Tinta and Simon Milnes [Monica Feria-Tinta is a barrister specialising in Public International Law, at the Bar of England and Wales and Simon Milnes is a …

African Union v International Criminal Court: episode MLXIII (?) It never gets boring. At the latest African Union (AU) summit, which wrapped up recently in Addis Ababa, the AU-ICC controversy went into its next round; this time, however, with a rather constructive proposal for easing the tensions that had built …

Semana 9 – 26 de febrero al 4 de marzo de 2018 ¿Cómo funciona una misión de Observación? ¿Cómo funciona una misión de Observación? El 9 de marzo de 2016 y tras el acuerdo de paz firmado entre el Gobierno de Colombia y las FARC, el Consejo de Seguridad estableció …

Security Council Resolutions as Evidence of Customary International Law In 2012 the International Law Commission began to address one of the last major uncodified areas of public international law: how norms of customary law (CIL) are to be identified.  The exercise at the ILC has not been an easy one.  …

The IACtHR Advisory Opinion: one step forward or two steps back for LGBTI rights in Costa Rica? On 9th January 2018, the IACtHR issued Advisory Opinion No. 24 on gender identity, equality and non-discrimination for same-sex couples, a ground-breaking decision for the advancement of LGBTI rights in the Americas. However, the …

The Rise of Environmental Law in International Dispute Resolution: Inter-American Court of Human Rights issues Landmark Advisory Opinion on Environment and Human Rights The Inter-American Court’s Advisory Opinion on Environment and Human Rights, released on 7 February 2018 (in Spanish only) (for brevity “AO”), is the latest and potentially most …

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 …

Do Kurds Have the Right to Self-Determination and/or Secession? by Milena Sterio [Milena Sterio is a Professor of Law and Associate Dean for Academic Enrichment at the Cleveland-Marshall College of Law.] On September 25, 2017, Kurds voted in a self-declared independence referendum organized by the Kurdistan Regional Government (KRG). , …

Of Fire and Fury: The Threat of Force and the Korean Missile Crisis by Mohamed Helal [Mohamed Helal is an Assistant Professor of Law, Moritz College of Law & Affiliated Faculty, Mershon Center for International Security Studies – The Ohio State University.]  Wars of Words and Tweets The recent escalation …

The Partition of India and Pakistan: Lessons on UN Membership in the Event of a Break-Up of Member 70 years ago today (21 August 1947) the United Nations Security Council adopted Resolution 29 recommending that the General Assembly admit Pakistan to membership of the United Nations. That resolution was adopted …