International Tribunals

Page 1 of 178

Filter category

Feature post image

The Extraterritorial Application of the Fair and Equitable Standard: The 1955 US-Iran Treaty of Amity before the International Court of Justice

Introduction In July 2018, Iran brought claims against the United States (US) before the International Court of Justice (ICJ). The former alleged breaches of certain treaty provisions of the 1955 Treaty of Amity, Economic Relations and Consular Right between the United States of America and Iran (1955 Treaty) because of the latter’s (re)imposition of sanctions in May 2018, pursuant to Washington’s withdrawal from the Joint Comprehensive Plan of Action. Among its claims, Iran contends that the US failed to accord Iranian nationals and Iranian companies fair and equitable treatment (FET), as mandated by Article IV(1) of the 1955 Treaty (para. 41 of the Application Instituting Proceedings). Article IV(1) of the 1955 Treaty reads: “Each […] Party shall at all times accord fair and equitable treatment to nationals and companies of the other […] Party, and to their property and enterprises; shall refrain from applying unreasonable or discriminatory measures that would impair their legally acquired rights and interests; and shall assure that their lawful contractual rights are afforded effective…

Read more

Conditional Decisions: A Solution for Ukraine v. Russia and Other Similar Cases?

On 21 February 2020, the tribunal in the Coastal State Rights arbitration between Ukraine and Russia rendered an award on preliminary objections. Although the tribunal decided that the case would proceed to the merits, it held that it did not have jurisdiction over any of Ukraine’s claims that would “necessarily…

Read more

The Award concerning Preliminary Objections in Ukraine v. Russia : Observations regarding the Implicated Status of Crimea and the Sea of Azov

On 21 February 2020 the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) rendered its…

Read more

NGOs and ECtHR judges: A Clarification

The 5 March blog post by Grégor Puppinck is not really a result of academic research, nor does it manage to identify an actual problem of public policy. Despite its civility in style and appearance of balance, the blog post, as well as the underlying European Centre for Law and Justice (ECLJ) report written by the…

Read more

Multiple Avenues for State Cooperation with the International Criminal Court – Part Two

Yesterday’s post (see here) discussed witness protection and the release of temporarily or permanently acquitted defendants as potential avenues for State cooperation with the ICC. Today’s post will consider further opportunities for such cooperation and conclude with some general observations on the issue. Detainees’ family visits Many detainees cannot afford to…

Read more
  • Page 1 of 178
  • Last