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Jam v IFC before the D.C. District Court: Forget the Floodgates, there won’t even be a Trickle

A year ago, the US Supreme Court in Jam v International Finance Corporation decided that the immunity granted to International Organizations (IOs) under the US International Organizations Immunities Act (IOIA), was the same “restrictive immunity” granted to states under the Foreign Sovereign Immunities Act (FSIA). The latter Act denies immunity for claims that are inter alia "based upon a commercial activity carried on in the United States by the foreign state”(28 U. S. C. §1605(a)(2)). The case concerned a claim by fishers and farmers based in Gujarat, India against the International Finance Corporation (IFC) for financing the construction of the coal-fired Tata Mundra Power Plant. The Petitioners claimed that pollution arising from the construction and operation of the plant rendered the IFC liable for property damage, environmental destruction, loss of livelihood, and threats to human health (for previous analysis of the case on this forum see here and here). On 14th February 2020, the District Court for the District of Columbia upheld the immunity of…

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The Group of Experts under the Istanbul Convention on Preventing and Combating Violence against Women and Domestic Violence and the ECtHR: Complementary or Contradictory Tools?

The Istanbul Convention is a blueprint document in handling violence against women as the first legally binding treaty in Europe specifically devoted to the problem of violence against women. One aspect of the Istanbul Convention that deserves particular attention is the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), which was…

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When More is Less: The US Department of Defense’s Statement on Cyberspace

On 2 March 2020 Paul Ney, General Counsel to the US Department of Defense (DoD), gave a speech at the US Cyber Command Legal Conference setting out the DoD’s position on the application of national and international law to cyberspace. Robert Chesney (at Lawfare) and Michael Schmitt (at Just Security) have provided a panoramic assessment…

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Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya

In a landmark judgment for transnational human rights litigation, the Supreme Court of Canada in Nevsun Resources Ltd v Araya, 2020 SCC 5 has opened the door for litigants seeking redress for human rights violations in Canadian courts. Significantly, the Supreme Court held that customary international law can give rise to a direct claim in Canada with…

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Zooming Through the Bad Times

Zoom government? Zoom Security Council? Zoombombing and trolls? Here's some Ella Fitzgerald and the prescient Gershwins on zooming through the bad times, to help lighten your day:…

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Karadzic Trial Chamber Finds No Genocide in Bosnia but for Srebrenica

Today the ICTY Trial Chamber trying Radovan Karadzic, the former president of the Bosnian Serbs, delivered an oral order on the defendant's 'no case to answer' motion for acquittal under Rule 98 bis of the ICTY RPE, under which the Trial Chamber shall, by oral decision, and after…

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The Rise and Fall of Eunomia (re-run) – Episode 2: A movement is born

This is the second part of a series of posts on "The Rise and Fall of Eunomia". Episode 1 of this series can be found at here. The series was first posted in late 2010. Eunomia’s internationalism takes shape Initially, the real reasons for…

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The ECtHR Finds the US Guilty of Torture – As an Indispensable Third Party?

The recent rulings by the European Court of Human Rights in two cases concerning secret detention in Poland are remarkable, not the least because their bold approach in respect of human rights violations committed by a third party, in this case the United States of America. Of course,…

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Joint Series on International Law and Armed Conflict: Monica Hakimi on Fair Trial Guarantees in Armed Conflict

The second post in our joint blog series arising from the 2016 Transatlantic Workshop on International, ‘Fair Trial Guarantees in Armed Conflict’- by Monica Hakimi (Michigan Law) is now available on Lawfare. Here’s a taste: The fair…

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Jurisdictional and Immunity Issues in the Story of Enrica Lexie : A Case of Shoot & Scoot turns around!

Harisankar K S is Assistant Professor of Law, National Law University Jodhpur, India The Enrica Lexie incident (discussed by Douglas Guilfoyle here on EJIL:Talk! a year ago) has caused ripples not only in the political and diplomatic circles…

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The Tricky Question of State Succession to International Responsibility

Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state A dissolves into two new states, X and Y.

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The Editors of EJIL:Talk! Are:

Dapo Akande

Marko Milanovic

Diane Desierto

Associate Editors:

Helen McDermott

Mary Guest

Gail Lythgoe

Contributing Editors:

Freya Baetens

Michael Fakhri

Douglas Guilfoyle

Monica Hakimi

Lorna McGregor

Anthea Roberts