January 22, 2021

Paola Patarroyo

On 21 December 2020, the International Court of Justice (ICJ) announced the adoption of a new Article 11 of its Internal Judicial Practice. The new text provides for the creation of an ad hoc committee where the Court orders provisional measures, with three judges, to assist the monitoring…

January 21, 2021

Mike Videler

It has been almost a year since the World Health Organization (WHO) declared the Covid-19 outbreak a public health emergency of international concern (PHEIC) and many parts of the world are still suffering deaths, disease, and lockdowns despite the advent of vaccines. Yet little has happened in…

December 30, 2020

Brian McGarry

The centenary of the adoption of the Statute of the Permanent Court of International Justice (predecessor to the International Court of Justice) passed this month with relatively little fanfare. As the affiliated court of the League of Nations, casual observers may indeed be inclined to consign the PCIJ’s…

January 20, 2021

Aziz Tuffi Saliba Mariana Ferolla Vallandro do Valle

On 26 October 2020, the Inter-American Court of Human Rights (IACtHR) published its judgment in the Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their Families v. Brazil (Fireworks Factory case). The dispute concerned the Brazilian state's responsibility for the…

July 16, 2020

Stéphanie de Moerloose C. Ignacio de Casas

On 6 February 2020, the Inter-American Court of Human Rights (the Court) delivered a judgment in which it declared the international responsibility of the Argentine Republic for the violation of diverse rights of 132 indigenous communities of the Salta province, organised under the Lhaka Honhat…

June 5, 2020

Diane Desierto

No one on this planet could have failed to see the 8 minutes and 46 seconds in which George Floyd was killed. The United States signed the International Covenant on the Elimination of All Forms of Racial Discrimination in 1966, ratifying the same in 1994.  Article…

January 13, 2021

Joshua Paine

This post addresses an Award of 21 December 2020 in Cairn Energy v India, a case under the UK–India BIT. The headline outcome of the Award is that India’s retroactive application of taxation legislation, that subsequently imposed taxes on the transactions of the claimants that were…

December 8, 2020

Matthew Happold

On 3 December 2020, the Government of Belgium announced that it was submitting a request to the Court of Justice of the European Union for an opinion on ‘the compatibility of the intra-European application of the arbitration provisions of the future modernised Energy Charter Treaty with the European…

November 16, 2020

Diane Desierto

Over this past weekend during the 37th Association of Southeast Asian Nations (ASEAN) Summit hosted by Viet Nam, the ten ASEAN Member States (Brunei Darussalam, Indonesia, Malaysia, Thailand, Singapore, the Philippines, Cambodia, Myanmar, Laos, Viet Nam) finally signed, together with five other trading partners - Japan, the…

January 25, 2021

Marko Milanovic

Last week the Grand Chamber of the European Court of Human Rights delivered its judgment in the second interstate case brought by Georgia against Russia (no. 38263/08), dealing with the August 2008 conflict between the two states (see my brief preview here ;…

January 15, 2021

Marko Milanovic

Yesterday the Grand Chamber of the European Court of Human Rights rendered its admissibility decision in the interstate claim brought by Ukraine against Russia regarding systematic human rights violations allegedly committed by the latter in Crimea. This is one of several interstate cases brought by…

January 6, 2021

Myrto Stavridi

Background and Main Legal Questions of the Decision On 18 December 2020, the Grand Chamber issued its decision on the application of Slovenia against Croatia. The application was lodged in 2016 and relates to unpaid and overdue debts owed to Ljubljanska Banka d.d. by…

January 26, 2021

Toni Marzal

One of the most noticeable facts in recent ISDS is the spectacular inflation of compensation awarded to investors. The overall increase in the amounts is well documented. Of the (now more than) 50 known awards in excess of USD 100 million, none was rendered before 2000…

January 25, 2021

Marko Milanovic

Last week the Grand Chamber of the European Court of Human Rights delivered its judgment in the second interstate case brought by Georgia against Russia (no. 38263/08), dealing with the August 2008 conflict between the two states (see my brief preview here ;…

January 24, 2021

Mary Guest

1. SIEL January Conversations: US Trade Policy Under the Biden Administration - What to Expect or Hope For? The Society of International Economic Law (SIEL) is hosting its January Conversation entitled 'US Trade Policy Under the Biden Administration: What to Expect or Hope For?' with ambassador …