International Tribunals

Page 1 of 186

Filter category

Feature post image

EJIL: The Podcast! Episode 4 – Court Between a Rock and a Hard Place

For quite some time, the International Criminal Court (ICC) was criticised for focusing exclusively on Africa, as opposed to investigating situations in which powerful western states are heavily involved or have strong interests. In the first part of this episode, Kamari Clarke, Professor of Anthropology at the University of California Los Angeles and author of the recent book Affective Justice: The International Criminal Court and the Pan-Africanist Pushback, joins Marko Milanovic, Sarah Nouwen, Philippa Webb and me to discuss whether the ICC is able to deal with structural injustice. We discuss this against the background of the question whether black lives matter before the ICC. More recently, and possibly in response to the criticism that the ICC was too focused on Africa, the Prosecutor has made moves towards investigating situations potentially involving a number of bigger powers, including the US, the UK, Israel and Russia. The second part of the podcast discusses some of the political and legal challenges that have arisen when the…

Read more

Defences and indispensable incidental issues: the limits of subject-matter jurisdiction in view of the recent ICJ ICAO Council judgments

On 14 July 2020, the ICJ issued its judgments on the cases of the Appeal Relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar) and Appeal Relating to the Jurisdiction of the ICAO Council under Article II,…

Read more

The second chapter on a national security exception in WTO law: the panel report in Saudi Arabia – Protection of IPR

Introduction For many decades, national security exceptions had been dealt with only in rare instances, under the GATT 1947 regime as well as under the law of the WTO. The scope and design of the national security exception of Art. XXI GATT 1947 which served as a model for Art. XIV bis GATS and Art. 73 TRIPS has…

Read more

Has ‘Control over rights doctrine’ for extra-territorial jurisdiction come of age? Karlsruhe, too, has spoken, now it’s Strasbourg’s turn

The German Constitutional Court (GCC) declared, in its ruling on May 19th, that the surveillance of non-German individuals outside of Germany was unconstitutional. The Court’s judgment on the German Act on the Federal Intelligence Service (Gesetz über den Bundesnachrichtendienst, or the BND-Gesetz) has not attracted enough legal commentary in the midst of the COVID-19 pandemic.

Read more

The Lhaka Honhat Case Of The Inter-American Court Of Human Rights: The Long-Awaited Granting Of 400,000 Hectares Under Communal Property Rights

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 Association. This is the first time the Court has condemned…

Read more
  • Page 1 of 186
  • Last