Archivo de Etiquetas: provision

The Jadhav Case and the Legal Effect of Non-Registration of Treaties Those following the legal tangle of the Jadhav Case closely would have noticed India’s (attempted) coup de grâce in its oral submissions regarding the bilateral Agreement on Consular Access of 21 May 2008 between India and Pakistan (“2008 Agreement”, …

The US and the Paris Agreement: In or Out and at What Cost? Ever since President Donald Trump won the US elections, climate pundits have been playing the ‘will they, won’t they’ game in relation to US withdrawal from the hard-won and widely accepted 2015 Paris Agreement. The political need …

The Brexit Bill and the Law of Treaties As has been widely reported in the media (e.g. The Guardian, the BBC), the House of Lords reached two main legal conclusions in its March 2017 report on Brexit and the EU budget: Article 50 TEU allows the UK to leave the …

International Law in the Age of Trump In the second month of Donald Trump’s presidency, we still know little about his foreign policy agenda. He regularly said things during the campaign that suggested a radical departure from longstanding tenets of U.S. foreign policy. And during his first month in office, …

The African Union’s Collective Withdrawal from the ICC: Does Bad Law make for Good Politics? A number of news outlets reported last week that the African Union (AU) had adopted a strategy for collective withdrawal from the International Criminal Court (ICC) (see here, here and here). This follows withdrawals by …

Urbaser v Argentina: The Origins of a Host State Human Rights Counterclaim in ICSID Arbitration? Investment tribunals rarely examine host state arguments based on international human rights law in great depth. The ICSID award Urbaser v Argentina is the first to provide a detailed discussion of a host state’s human …

The Important Role of International Law in Legal Challenges to Trump’s Anti-Refugee Order by Jonathan Hafetz [Jonathan Hafetz is Professor of Law at Seton Hall University School of Law.] President Trump’s recent executive order temporarily barring the entry of refugees and others has provoked widespread protests, inflicted unnecessary suffering, and …

Laudo del CIADI reconoce posibilidad de interponer contrademandas contra el inversor y las obligaciones de derechos humanos de las empresas (¡al final este régimen comienza a progresar!) Por Nicolás Carrillo Santarelli Como confesé en su momento, he sido escéptico y algo contrario a la práctica arbitral del derecho de la …

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, …

Turkey’s Derogation from Human Rights Treaties – An Update In an earlier post of 27 July I provided a first assessment of Turkey’s declared derogation from the European Convention on Human Rights (ECHR) and an assessment what kind of measures could be expected, as derogations both from the ECHR and …

Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory …

Brexit and International Law In earlier posts (here and here) there was a discussion about the different scenarios that might play out following the UK’s vote to exit the European Union. These and other debates have focused largely on the legal implications for the UK and the European Union and …