EJIL Analysis

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Amicus Curiae Brief re MH17; Human Rights Committee on Search and Rescue at Sea

January 29, 2021

Recent weeks have been something of an extraterritoriality extravaganza. So let’s continue with that theme, hopefully not ad nauseam. First, readers might be interested in the amicus curiae brief that my colleague Sangeeta Shah and I co-authored and which we submitted this week to the European Court of Human Rights in the case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20). Our brief deals exclusively with the 2014 downing of the MH17 airliner over Ukraine. By way of procedural background, in July 2020 the Netherlands filed a case against Russia re MH17 (press release; post by Risini and Ulfstein), which in December the Court joined with two other applications by Ukraine (press release). There is also a communicated individual case pending before the Court on MH17 (Ayley and others v. Russia). The first part of our brief addresses issues of attribution and state jurisdiction in the sense of Article 1 ECHR, providing guidance on the…

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Against DCF valuation in ISDS: on the inflation of awards and the need to rethink the calculation of compensation for the loss of future profits

January 26, 2021

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 and only 11 before 2010. What is most attention-grabbing, however,…

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Georgia v. Russia No. 2: The European Court’s Resurrection of Bankovic in the Contexts of Chaos

January 25, 2021

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 ; for a summary of the judgment see the Court’s press…

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ICJ Jurisdiction over Obligations to Share Information with the WHO

January 21, 2021

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 terms of international responsibility, even if the blogosphere has produced…

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Humanitarian Victory for Assange

January 20, 2021

On 4 January 2021, the British judge Vanessa Baraitser of the Westminster Magistrates Court in London rejected the request to extradite Julian Assange to the United States in a solid 132-page judgment. This does not mean that the WikiLeaks founder has regained his freedom, however: his bail application was likewise rejected two days later on the…

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