Jurisdiction

Page 22 of 23

Filter category

Vaughan Lowe on Marko Milanovic’s Book

Vaughan Lowe is Chichele Professor of International Law at the University of Oxford and Fellow of All Souls College, Oxford In his perceptive and incisive analysis, Dr Milanovic argues that the concept of jurisdiction in the European Convention on Human Rights is not the same as the concept of jurisdiction in general international law. Specifically, he argues that the State obligation to respect human rights is not limited territorially but that the obligation to secure or ensure human rights is limited to those areas that are under a State’s effective overall control. The analysis is convincing, and the approach gives a robust and powerful tool for determining the scope of human rights obligations.  Applauding that achievement, I wonder if there is not also room for an equally fundamental challenge, arguing that the concept of ‘rights’ in human rights conventions is not the same as the concept of ‘rights’ in general international law. In an article in the 2006 British Yearbook of International Law, Lea Brilmayer argued that human rights…

Read more

European Court Decides Al-Skeini and Al-Jedda

HUDOC service has been intermittent this morning, but the judgments are now available - Al-Skeini v. UK, Al-Jedda v. UK - and they were well worth the wait. For more background, see my case preview and my thoughts on the alleged 'embassy exception.' In brief, the UK government lost quite badly, while the Grand Chamber has…

Read more

ICJ Rules that it has no Jurisdiction to Hear Georgia v. Russia

Today the Court by 10 votes to 6 upheld a preliminary objection by the Russian Federation that it lacked jurisdiction in its dispute under CERD with Georgia, as Georgia failed to exhaust a preliminary requirement under Art. 22 CERD to attempt to resolve the dispute by negotiation before submitting it to the ICJ. The press release and summary are…

Read more

Proposed Amendments to UK’s Universal Jurisdiction Laws

Some months ago we noted that the UK's coalition government was planning to introduce legislation that would restrict the application of universal jurisdiction in the UK. The government was not proposing to restrict the scope of jurisdiction of UK courts over universal jurisdiction offences but to restrict the right of private persons to secure arrest warrants in respect of…

Read more

JHHW to Stand Trial in France for Criminal Libel – Refusal to Remove a Bookreview which Displeased the Author of the Reviewed Book

The latest issue of EJIL is now out. The Table of Contents is posted below, but we wanted to draw EJIL: Talk! readers' attention to the Editorial, which concerns an attempt in France to prosecute EJIL's Editor in Chief for criminal libel. A link to the full editorial is posted below. Editorial 20 4 The below Table…

Read more