Archivo de Etiquetas: ICJ

The Missing Link in Migration Governance: An Advisory Opinion by the International Court of Justice Even though the International Court of Justice (ICJ) has jurisdiction to resolve disputes on the interpretation and application of the 1951 Refugee Convention (Art. 38) and the 1967 Protocol (Art. IV), it has so far …

70 Years of the International Law Commission: Drawing a Balance for the Future by Christiane Ahlborn and Bart Smit Duijzentkunst [Christiane Ahlborn and Bart Smit Duijzentkunst are Associate Legal Officers at the Codification Division of the United Nations Office of Legal Affairs in New York. This post, and its sister post …

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 …

The US’s New Nuclear Posture Review: Blurring the Lines of Anticipatory Self-Defense by Yulia Ioffe and Olga Bozhenko [Yulia Ioffe is a DPhil (PhD) candidate and a tutor in Public International Law at University of Oxford and Olga Bozhenko is an LL.M student in International Litigation (Public International Law) at Institute …

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 …

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 …

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, …

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 …

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 …

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 …

Does the ICJ Have Binding Jurisdiction Over the Guyana-Venezuela Border Controversy? Probably, But Maybe Not by Julian Ku Last month, the UN Secretary General António Guterres announced that he was referring the longstanding border dispute between Guyana and Venezuela to the International Court of Justice. This decision was made after a …