Archivo de Etiquetas: Application

The ECtHR’s Ilias and Ahmed v. Hungary and Why It Matters The European Court of Human Rights delivered a judgment last Tuesday in the case of Ilias and Ahmed v. Hungary, finding multiple violations of the European Convention as a result of Hungary’s border procedures and its treatment of asylum-seekers. …

The Disappearing UN Report on Israeli “Apartheid” by Kevin Jon Heller Last week, the UN Economic and Social Commission for Western Asia (ESCWA) sent shockwaves through the international community by issuing a report that — for the first time in UN history — claims Israel’s treatment of Palestinians amounts to the crime …

Ukraine v Russia at the ICJ Hearings on Indication of Provisional Measures: Who Leads? From the day Ukraine submitted its case against Russia at the ICJ, one could expect that the case would be extremely politicized and difficult to adjudicate. Oral proceedings on the request for provisional measures held on …

Applications for Revision of the International Court of Justice Judgments: The Curious “Case” for Revision of the Bosnian Genocide Judgment Last Thursday, the President of the International Court of Justice (ICJ) made a statement announcing that the Court was “not properly” seised of a request for revision of the Court’s …

The impact of Morocco’s admission to the African Union on the dispute over the Western Sahara by Alonso Illueca and Sophocles Kitharidis [Alonso Illueca is Adjunct Professor of International Law at Universidad Católica Santa María La Antigua (Panama) and holds an LL.M. from Columbia University, where he specialised in Public …

The ICJ’s Preliminary Objections Judgment in Somalia v. Kenya: Causing Ripples in Law of the Sea Dispute Settlement? On 2 February 2017, the International Court of Justice handed down its Judgment on preliminary objections in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). Somalia had brought …

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 …

Treaty Supremacy, International Legal Process, and the Origins of the International Human Rights System by Peggy McGuinness [This is the seventh post in our symposium this week on treaty supremacy.] I share with the preceding commentators’ praise of David Sloss’s book, The Death of Treaty Supremacy, and agree with their assessment …

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 …

UN court decides to hear case between Kenya and Somalia concerning maritime delimitation 2 February 2017 – The International Court of Justice – the principal judicial organ of the United Nations – today issued a verdict, admitting an application submitted by Somalia, over the maritime delimitation between it and Kenya …

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 …