Archivo de Etiquetas: The Court

Interesante sentencia de la CIJ sobre excepciones preliminares en el caso ‘Immunities and Criminal Proceedings’ (Guinea Ecuatorial contra Francia): discusión sobre abusos procesales y del derecho, distinción entre principios y sus derivados Por Nicolás Carrillo Santarelli La Corte Internacional de Justicia (en adelante, CIJ) acaba de emitir y publicar su …

Lost Between Law Enforcement and Active Hostilities: A First Glance at the Israeli Supreme Court Judgment on the Use of Lethal Force During the Gaza Border Demonstrations In response to the ongoing violent clashes between the Israeli Defence Forces (IDF) and Palestinian protesters during the so-called ‘March of Return’ along …

The International Community and the Challenge to the Rule of Law: The Future of Iran Nuclear Deal by Katayoun Hosseinnejad and Pouria Askary [Katayoun Hosseinnejad is a university lecturer of international law and attorney at law in Iran and Pouria Askary is an assistant professor of international law at law school of …

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 …

The ICC’s Curious Dissolution of the Afghanistan Pre-Trial Chamber by Kevin Jon Heller Many ICC observers have been wondering why the Pre-Trial Chamber is taking so long to decide on the OTP’s request to open a formal investigation into the situation in Afghanistan. A little-noticed document filed by the Presidency …

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 …

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 …

Foreign Office Certificates and Diplomatic Immunity in the Assange Affair The Assange saga continues with recent decisions in the English Courts upholding the warrant for Julian Assange’s arrest. Dapo’s recent post on Ecuador’s purported appointment of Julian Assange as one of its diplomats to the UK considered the position on …

The European Court of Human Rights’ View of the Draft Copenhagen Declaration The draft Copenhagen Declaration has already triggered some debate at this blog. So far the tone has been highly critical. Donald and Leach denounce the Declaration as essentially a tool for institutionalizing undue political pressure on the European …

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 …

Article 18 Mechanism by Mohammad Hadi Zakerhossein [Dr. Mohammad Hadi Zakerhossein is a Lecturer at Tilburg University.] On 9th November 2017, the Judges at PTC III of the International Criminal Court sprung a great surprise by unsealing an unexpected decision, thereby authorizing the Prosecutor to open a full investigation into the …

The Legality of Pardons in Latin America by Alonso Gurmendi Dunkelberg [Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] In recent months, most commentaries coming out of South America have focused on the Colombian Peace Agreement with the FARC. There is, however, another post-conflict country …