The European Union Heads of State or Government and the Standing Committee of the Parliamentary Assembly of the Council of Europe (PACE) both released statements, on March 6 and 7, 2014, respectively, expressing support for the territorial integrity of Ukraine. The EU statement “[condemned] the unprovoked violation of Ukrainian sovereignty and territorial integrity by the Russian Federation.” Similarly, in its press release, PACE “expressed its full support for the territorial integrity and national unity of Ukraine,” and “strongly condemned the violation by the Russian Federation of the...
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 March 5, 2014, the Supreme Court of the United Kingdom (the Court) dismissed the appeal in Stott v. Thomas Cook Tour Operators Ltd. The Appellant, who is paralyzed from the shoulders down, claimed damages for injury to feelings after being unable to sit with his wife, on whom he relies for his care, on a flight with the Respondent airline. The Respondent argued, under Article 17 and Article 29 of the Montreal Convention, that damages can only be awarded for harm to passengers in cases of death or bodily harm. According to the press release, the Court held that “the Convention...
On March 5, 2014, the U.S. Supreme Court held in BG Group v. Argentina that, when reviewing an arbitration award made under an investment treaty between the United Kingdom and Argentina, federal courts should review with deference an arbitrators’ interpretation of a precondition to arbitration. The case arises from a tariff dispute between Argentina and BG Group, a British firm that belonged to a consortium owning a majority interest in an Argentinian gas distributor. After an amendment to Argentinian law affected tariff rates, BG Group sought arbitration in Washington, D.C. It...
On March 4, 2014, the Fourth Section of the European Court of Human Rights (the Court) delivered its judgment in The Church of Jesus Christ of Latter-Day Saints v. United Kingdom. The Court found that the U.K. had not violated Article 14 (prohibition of discrimination) in conjunction with Article 9 (freedom of thought, conscience, and religion) of the European Convention on Human Rights (ECHR) by refusing to grant a temple of the Church of Jesus Christ of Latter-Day Saints an exemption from local property taxes given to “place[s] of public religious worship.” According to the...
On March 4, 2014, the District Court for the Southern District of New York issued an injunction against enforcement in the United States of a $9.5 billion judgment that was obtained in Ecuador against Chevron Corporation (Judgment). In the Judgment, the Ecuadorian courts had found Chevron responsible for extensive environmental damage caused by the oil activities of Texaco, Inc., a company that Chevron has since acquired. The District Court held that the Judgment “was obtained by corrupt means” and that thus the defendants—American and Ecuadorian lawyers who brought the action in Ecuador...
On March 3, 2014, the International Court of Justice ruled on Timor-Leste’s request for provisional measures (Request) in the Questions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia) case. According to the press release, Timor-Leste made the Request shortly after Australian agents allegedly seized and detained data and correspondence belonging to Timor-Leste that relates to a pending arbitration with Australia under the Timor Sea Treaty of 20 May 2002. The Court ruled that: (1) “Australia shall ensure that the content of the seized...
On February 28, 2014, Ben Emmerson, the UN Human Rights Council Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, submitted the third annual report to the Human Rights Council. The report details his key activities, and “examines the use of remotely piloted aircraft, or drones, in extraterritorial lethal counter-terrorism operations, including in the context of asymmetrical armed conflict, and allegations that the increasing use of remotely piloted aircraft, or drones, has caused disproportionate civilian casualties, and...
On February 26, 2014, the United Nations and the Government of Somalia signed an Agreement on the status of the UN Assistance Mission in Somalia. According to the press release, the Agreement “[established] the legal framework under which the United Nations Assistance Mission in Somalia (UNSOM) will operate.” The Agreement addresses such topics as: communications systems that UNSOM may establish within the territory of Somalia; the privileges and immunities granted to UNSOM personnel; the facilities, provisions, supplies and services, and sanitary arrangements that the Somali government...
On February 25, 2014, the European Parliament passed a resolution on the use of armed drones, expressing “grave concern over the use of armed drones outside the international legal framework.” Accordingly, it called upon the High Representative for Foreign Affairs and Security Policy, European Union (EU) Member States and the Council to: ban extrajudicial targeted killings; ensure that States do not perpetrate or facilitate unlawful targeted killings; include armed drones in disarmament and arms control regimes; ban the development, production, and use of fully autonomous weapons systems;...
On January 24, 2014, the Inter-American Juridical Committee to the General Assembly of the Organization of American States (the Committee) published its 2013 Annual Report. The report details that the Committee held two sessions in Rio de Janeiro, Brazil, and adopted three reports, including: Sexual Orientation, Gender Identity and Expression; Model Legislation on Protection of Cultural Property in the Event of Armed Conflict; and Inter-American Judicial Cooperation. Further, four rapporteurships were established to keep track of new mandates, which include: “...