Jurisdiction

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ECtHR Grand Chamber Declares Admissible the Case of Ukraine v. Russia re Crimea

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 Ukraine against Russia; others deal, for example, with the situation in Eastern Ukraine and the downing of MH17. There are also thousands of individual applications regard various aspects of the conflict in Ukraine. As for the Crimea case, it will now proceed to the merits. This is, needless to say, a very important decision. It is notable for a number of reasons. First, for how the Court tries to address (or not) the question of sovereignty over Crimea. Second, relatedly, for how it deals with the issue of state jurisdiction in the sense of Article 1 of the Convention and its (extra)territorial applicability. Third, for the Court’s approach to evidence. Fourth, and finally, for its ultimate findings on the prima facie existence of an administrative practice…

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The Assassination of Alexander Litvinenko Before the European Court of Human Rights

In more extraterritoriality news, the Guardian recently reported that the widow of Alexander Litvinenko, who was killed in London in 2006 by Russian agents using a radioactive poison, has revived the claim she had previously filed against Russia before the European Court of Human Rights: The widow of Alexander Litvinenko has submitted…

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Secondary Sanctions: A Weapon Out of Control? Part I: Permissibility of the sanctions under the law of jurisdiction

Lately, the US has increasingly been ‘weaponizing’ economic sanctions to push through a foreign policy agenda. Making use of the centrality of the US in the global economy, it has forced foreign states and their firms to choose between halting trade with US sanctions targets or forfeiting access to the lucrative US market. In addition, the US…

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Immunities and Compromissory Clauses: Making Sense of Enrica Lexie (Part II)

In Part I of this post, we discussed how the Arbitral Tribunal, in its recently-released award in the Enrica Lexie case, approached the question of incidental jurisdiction over questions of immunity. While the Tribunal’s jurisdiction, under Article 288 UNCLOS, was limited to ‘dispute[s] concerning the interpretation or application of th[e] [Law of the Sea] Convention’…

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Immunities and Compromissory Clauses: Making Sense of Enrica Lexie (Part I)

Small(ish) disputes can make for significant holdings. From Nottebohm to Lotus to AAPL v Sri Lanka, the list of relatively limited incidents prompting far-reaching judicial and arbitral pronouncements is long. We may now have to add Enrica Lexie to it. The PCA’s award…

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