Archivo de Etiquetas: Article

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 …

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 …

The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes by Elvina Pothelet [Elvina Pothelet is a Visiting Researcher at the Harvard Law School and a Ph.D. candidate at the University of Geneva.] Last Friday, a car-ramming attack in the West Bank killed two Israeli soldiers and injured two …

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 …

Bolivia – Chile: audiencias orales inician ante la Corte Internacional de Justicia El Presidente de Bolivia Evo Morales en Santiago de Chile con ocasión de la toma de posesión del Presidente de Chile Sebastián Piñera en el 2010. Foto extraida de nota de prensa de Emol, titulada “Evo Morales critica …

Active Hostilities and International Law Limits to Trump’s Executive Order on Guantanamo In his State of the Union speech on January 30, 2018, U.S. President Donald Trump announced his signing of a new executive order aimed at keeping open the U.S. detention facility at Guantanamo Bay, Cuba, as well as …

An International Use of Force in Salisbury? In the afternoon of Sunday, 4 March, Mr Sergei Skripal and his daughter Yulia were found slumped on a park bench in Salisbury. Mr Skripal is a former Russian agent convicted of espionage for the West, exchanged in a spy swap and brought …

Did the Trump Administration’s Jerusalem Declaration Violate International Law? by David Hughes [David Hughes is a Grotius Research Scholar at the University of Michigan, Law School and a PhD Candidate at Osgoode Hall Law School in Toronto.] On 6 December, President Trump signed a Proclamation recognizing Jerusalem as Israel’s capital …

The European Convention on Human Rights: the Draft Copenhagen Declaration and the Threat to the European Court by Roisin Pillay [Róisín Pillay is Director of the International Commission of Jurists (ICJ) Europe Programme.]  The European Court of Human Rights is once more facing a political challenge to its role, in …

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 …