This month's COP27 climate summit in Sharm El-Sheikh resulted in a draft agreement on climate change (called a cover decision). At 20 pages, the draft covers several issues, including food and energy crises, emissions, financing, technology, capacity building, cooperation, and periodic review of progress. According to The Guardian (which provides a helpful breakdown of key aspects of the draft), the many placeholders in the draft demonstrate that "some of the most contentious issues . . . have yet to be resolved."
International Law in Brief
International Law in Brief (ILIB) is a forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
On November 3, 2022, the European Court of Human Rights issued two judgments on whether extradition from a Council of Europe member state to the United States would be in violation of the European Convention on Human Rights. Sanchez-Sanchez v. U.K. concerned an extradition request from the Northern District of Georgia for the trial of Sanchez-Sanchez (a Mexican national) on drug importation and conspiracy charges. Sanchez-Sanchez argued that his extradition to the U.S. would be in violation of Article 3 of the Convention (prohibition of inhuman or degrading treatment) because he...
The World Justice Project has released its 2022 Rule of Law Index, which surveys citizens and experts in 140 jurisdictions to measure the state of the rule of law. Among its many insights is the conclusion that there has been a global decline in the rule of law for the fifth year in a row, i.e., the "rule of law weakened in more countries than it improved in 2022." In addition, the quality of the rule of law fell in seven of eight factors that are measured, including the absence of corruption, fundamental rights, and open government. The Index also reports on the continued "widespread...
The International Council of Arbitration for Sport (ICAS), which governs the Court of Arbitration for Sport (CAS), has adopted amendments to the CAS Code, with effect from November 1, 2022. According to a press release from the CAS, the amendments address the “significant increase” in football arbitrations by increasing the number of ICAS members from 20 to 22 so that more stakeholders are represented on the Council. In addition, the amendments reflect that the ICAS Legal Aid Commission will manage a new, dedicated Football Legal Aid Fund. Finally, a number of smaller amendments have been...
On September 27, 2022, Oxfam International published a briefing paper on Climate Finance in West Africa/Sahel. The briefing assessed the implementation of climate finance instruments in eight countries in the most debt riddled region in the world. The briefing found that, (1) the finance is being over-reported with significant favor being shown to debt instruments that are unsustainable for the region; (2) Current climate finance flowing to the region is far from meeting each nation’s climate finance needs; (3) adaptation finance is insufficient; (4) reported climate finance is not being...
On October 11, 2022, the United Nations Human Rights Council elected 14 member states to serve on the Council from 2023-2025 as follows: Algeria, Bangladesh, Belgium, Chile, Costa Rica, Georgia, Germany, Kyrgyzstan, Maldives, Morocco, Romania, South Africa, Sudan, and Viet Nam. Last week, on Friday, October 7, the Human Rights Council voted to create the new special rapporteur on human rights in Russia. As reported by JURIST, the rapporteur will have a mandate for one year and has been tasked with collecting and assessing information so that it can make relevant recommendations and present...
On September 15, 2022, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC or the Committee) issued its decision in the above case brought by the Legal and Human Rights Centre for Reproductive Rights (the Centre) against Tanzania on behalf of Tanzanian girls. The Committee’s mandate is derived from the African Charter on the Rights and Welfare of the Child, adopted on July 11, 1990, and in force on November 29, 1999. As reported by JURIST, the Centre’s suit against Tanzania centered on the state’s policy of expelling pregnant girls from school. To implement this...
As of September 16, 2022, the Russian Federation is no longer a High Contracting Party to the European Convention on Human Rights. As explained in the European Court of Human Rights resolution passed on March 22 of this year, though Russia is no longer a party to the Court, “[t]he Court remains competent to deal with applications directed against the Russian Federation in relation to acts or omissions capable of constituting a violation of the Convention provided that they occurred until 16 September 2022.” This follows the cessation of Russia's membership in the Council of Europe on March...
On September 2, Germany became the fifth state to file a declaration of intervention in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation). In its declaration, Germany stated that the case "raises important issues concerning the Genocide Convention," which "impose[s] erga omnes partes obligations on Contracting Parties." Declarations of intervention have also been filed by Latvia, Lithuania, New Zealand, and the United Kingdom.
On Thursday, July 28, the U.N. General Assembly adopted (161 votes in favor and 8 abstentions) a resolution declaring that access to a clean, healthy, and sustainable environment is a universal human right. U.N. Secretary-General António Guterres referred to this development as "historic" and stated that "[t]he resolution will help reduce environmental injustices, close protection gaps and empower people, especially those that are in vulnerable situations...." According to a U.N. press release, UN High Commissioner Michelle Bachelet supported the resolution but noted that "simply affirming...