On November 5, 2018, the United States re-imposed all sanctions on Iran that had been lifted or waived under the Joint Comprehensive Plan of Action (JCPOA). The Treasury Department stated that November 4 marked the last day of the 180-day wind-down period after the president announced the U.S. withdrawal from the JCPOA on May 8, 2018. The Treasury Department noted that the sanctions “will target critical sectors of Iran’s economy, such as the energy, shipping and shipbuilding, and financial sectors” and that as part of the re-imposition “OFAC sanctioned more than 700 individuals, entities...
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 October 30, 2018, the Human Rights Committee adopted its General Comment no. 36 on Article 6 of the International Covenant on Civil and Political Rights on the right to life. The General Comment includes legal clarification on the prohibition against arbitrary deprivation of life, the duty to protect life, imposition of the death penalty, and the relationship of Article 6 with other articles of the Covenant and other legal regimes. It also notably discusses abortion, stating that although governments “may adopt measures designed to regulate voluntary terminations of pregnancy, such...
On October 25, 2018, the European Court of Human Rights ruled in E.S. v. Austria that the applicant’s criminal conviction for disparaging religious doctrines by suggesting that the Prophet Muhammad had had pedophilic tendencies did not violate Article 10 (freedom of expression) of the European Convention on Human Rights. As noted in the press release, the Court stated that while there must be room for critical denial of religion, the subject matter of this case was particularly sensitive and the government must be given a wide margin of appreciation “as they were in a better...
On October 23, 2018, the UN Human Rights Committee, the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights (ICCPR), issued decisions regarding Sonia Yaker and Miriana Hebbadj, finding that France violated the human rights of two women by fining them for wearing the niqab. The two decisions were decided concurrently as they posed the same question regarding whether the French 2010 law prohibiting “any article of clothing intended to conceal the face” in public spaces, with the effect of banning the niqab, violated the ICCPR....
On October 19, 2018, the Vice President of the Court of Justice of the European Union (CJEU) ordered (available in French) Poland to immediately suspend provisions of the recent Polish law on the Supreme Court that lower the retirement age for Supreme Court judges to 65, which would have the effect of removing nearly one-third of the Court’s judges. In October 2018, the European Commission brought an action before the CJEU, arguing that Poland had infringed EU law concerning judicial independence by applying the new law to judges appointed before the law was enacted and giving the...
On October 11, 2018, the UN Security Council passed Resolution 2438 in which it extended modifications to the mandate of the United Nations Interim Security Force for Abyei (UNISFA) until April 15, 2019, stating that this will be the final extension unless the parties reach specified benchmarks regarding border demarcation. The Council noted that the “situation in Abyei and along the border between the Sudan and South Sudan continues to constitute a serious threat to international peace and security,” but also welcomed the progress that had been made towards implementing the Joint Border...
On October 9, 2018, The Hague Court of Appeal upheld a prior judgment in State of the Netherlands v. Urgenda Foundation ordering the Netherlands to reduce greenhouse gas emissions quicker than the government had planned after Dutch environmental group Urgenda Foundation sued the government. The Court upheld the District Court’s determination that the Dutch government must do more to address the threat of climate change in light of its duty of care to protect the environment pursuant to Articles 2 (right to life) and 8 (right to respect for private and family life) of the European...
On October 3, 2018, the International Court of Justice issued its provisional measures in Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America), ordering the United States to ease some of its sanctions against Iran. The case concerns Iran’s case against the United States for violating the Treaty of Amity, Economic Relations and Consular Rights concluded between the two states in 1955 when the United States stated that it would reimpos sanctions against Iran after leaving the Joint...
On October 1, 2018, the International Court of Justice ruled in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) that Chile was not obligated to negotiate sovereign access to the Pacific Ocean for Bolivia. As noted in the press release, Bolivia argued that Chile had an obligation to negotiate in order to reach an agreement giving Bolivia sovereign access to the ocean, citing several discussions between the states over a number of years that Bolivia argued showed Chile had bound itself to negotiations that would lead to the access point. Bolivia brought eight...
On September 30, 2018, the United States, Mexico, and Canada reached an agreement in the renegotiation of the North American Free Trade Agreement (NAFTA) called the United States-Mexico-Canada Agreement (USMCA). Upon its ratification by the three states, the USMCA will replace NAFTA, which had been in effect since 1994. The USMCA makes a number of changes to NAFTA, some of the bigger areas being in relation to automobiles and country of origin rules, the daily industry, labor, the environment, intellectual property protections, and digital trade. The USMCA is also subject to review after...