Human Rights

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Council of Europe Ministers adopt declaration to address libel tourism

For those interested in matters of jurisdiction and cross-border litigation, the Committee of Ministers of the Council of Europe has now adopted a declaratory text alerting its 47 member states to what it termed the “serious threat to freedom of expression and information” posed by the practice of libel tourism – a practice where one chooses a plaintiff-friendly jurisdiction in which to bring a libel suit against a journalist, publisher, or academic. In calling for the reform of defamation laws in Europe to prevent libel tourism, the Committee of Ministers is also calling for some uniformity of standards. For those unfamiliar with the organs of the Council of Europe, the Committee of Ministers is the Council’s executive body, consisting of all Foreign Ministers from the Council’s 47 member states or their deputies. The declaration adopted last week, while not a legally binding text, serves to add the voice of a weighty regional group of states to the claim that libel tourism and forum shopping in defamation cases can produce a chilling effect on expression and the availability of…

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Award of Compensation by International Tribunals in Inter-State Cases: ICJ Decision in the Diallo Case – UPDATED

UPDATE: See below for answers to my trivia question asking  for cases where compensation was awarded by an international tribunal to one State for violation by another State of international law other than cases of diplomatic protection. This week, the International Court of Justice decided that the Democratic Republic of Congo is…

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Prisoner Voting and Strategic Judging

Today the European Court of Human Rights delivered its Grand Chamber judgment in Scoppola v. Italy (no. 3), App. No. 126/05). This is the Court's latest foray into the prisoner voting saga, starting from its GC judgment in Hirst that the blanket ban on prisoner voting in the UK was disproportionate and a violation of Art. 3 of…

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Extraterritorial Civil Jurisdiction: Obstacles and Openings in Canada

Bruce Broomhall is a Professor at the Department of Law of the University of Quebec at Montreal, teaching mainly international and Canadian criminal law. He thanks François Larocque, Mark Arnold and others for their input. On 18 April 2012, the Supreme Court of Canada issued a trio of decisions promising to have an…

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The European Emissions Trading System and Extraterritorial Jurisdiction

Jacques Hartmann is Assistant Professor, Department of Law, University of Southern Denmark and Fellow at the European Inter-University Centre for Human Rights and Democratisation, Venice, Italy. The history of clashes over extraterritorial jurisdiction between the United States and the European Union (and European States) is long. On several occasions, the EU…

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