On March 17, 2016, the International Court of Justice ruled that it had jurisdiction on the basis of Article XXXI of the Pact of Bogotá to hear claims regarding the alleged violations by Colombia of Nicaraguan rights in the maritime zones that the Court determined appertained to Nicaragua in a 2012 judgment. According to the press release, Colombia argued that the Court did not have jurisdiction under the Pact of Bogotá because Nicaragua had instituted the proceedings in November 2013, almost one year after Colombia’s notice of denunciation of the Pact. The Court disagreed, finding that...
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 11, 2016, a WTO panel issued a report in a dispute concerning a complaint against anti-dumping and countervailing duties the U.S. had imposed on imported washing machines from Korea, ruling for the first time on the practice of zeroing in targeted dumping investigations. According to a news report, the controversy began in 2011 when a U.S. corporation complained to the U.S. Department of Commerce, arguing that imported Korean-made washing machines were sold below their fair value price, which constitutes dumping, and was made possible because the producers and exporters were...
On March 18, 2016, the European Union and Turkey reached an agreement for the return of migrants who illegally entered Greek territory to be returned to Turkey. Under the agreement, Turkey is required to “take any necessary measures to prevent new sea or land routes for illegal migration opening from Turkey to the EU” and take back all “new irregular migrants crossing from Turkey into Greek islands as from 20 March 2016.” The deal further foresees that “[f]or every Syrian being returned to Turkey from Greek islands, another Syrian will be resettled from Turkey to the EU taking into account...
On February 29, 2016, the European Union and Canada agreed on a new approach to investment protection in the revised version of the Canada-EU Comprehensive Economic and Trade Agreement (CETA). According to the press release, “[t]his represents a clear break from the old Investor to State Dispute Settlement (ISDS) approach and demonstrates the shared determination of the EU and Canada to replace the current ISDS system with a new dispute settlement mechanism and move towards establishing a permanent multilateral investment court.” The new agreement expressly reserves the right to regulate...
On March 16, 2016, the Court of Justice of the European Union ruled (judgment not available in English) that the Dublin III Regulation allows a member state to send an applicant for international protection to a safe third country, regardless of which member state is responsible for processing the application. According to the press release, Shiraz Baig Mirza is a Pakistani citizen who entered Hungary illegally in 2015 and filed his first application for international protection there. While his claim was being evaluated, he left the place of residence he had been assigned, and the...
On March 11, 2016 representatives of the European Union and the government of Cuba signed a Political Dialogue and Cooperation Agreement to normalize relations. According to a joint declaration by the EU and Cuba, the agreement “includes fundamental components such as political dialogue, cooperation, and dialogue on sectorial policies, as well as trade and cooperation in trade matters.” The accord establishes a framework by which the parties will set parameters for aid and commerce. Attending the signing ceremony, EU High Secretary for Foreign Affairs Federica Mogherini stated, “The deal...
On March 11, 2016 the United Nations Human Rights Council published a report on human rights abuses related to the conflict in South Sudan. The report was produced by an assessment team sent to South Sudan by the UN High Commissioner for Human Rights from October 2015 to January 2016 and focused on violations that occurred in 2015. According to the press release, the report describes human rights violations, including the deliberate targeting of civilians and large-scale commission of rape and sexual assault. The report states that since the conflict in South Sudan began in 2013, all...
On March 11, 2016, the United Nations Security Council adopted a resolution addressing sexual abuse by UN peacekeepers. The Security Council “express[ed] deep concern about the serious and continuous allegations and under-reporting of sexual exploitation and abuse by United Nations peacekeepers and non-United Nations forces, including military, civilian and police personnel” and “stress[ed] that sexual exploitation and abuse by United Nations peacekeepers undermines the implementation of peacekeeping mandates, as well as the credibility of United Nations peacekeeping.” It further...
On March 8, 2016, the Appeals Panel for the Special Tribunal for Lebanon issued a judgment reversing the conviction of Ms. Karma Al Khayat and affirming TV station Al Jadeed’s acquittal on charges of contempt of court. According to the press release, the “case concerned the broadcast of five episodes, regarding purported confidential Tribunal witnesses, by Al Jadeed TV in Lebanon in August 2012, and their online availability in violation of an Order issued by the Pre-trial Judge on 10 August 2012.” Al Jadeed and Al Khayat, who was the station’s Deputy Head of News and Political Programs at...
On March 4, 2016, United Nations Secretary General Ban Ki-moon released a new report recommending special measures for protection from sexual exploitation by peacekeepers. The report lists ninety-nine allegations of sexual misconduct for 2015, sixty-nine of which occurred in countries with peacekeeping missions, while the largest numbers of incidents were reported for the Central African Republic, Democratic Republic of the Congo, and Haiti. According to a news article, the report includes measures such as improving assistance to victims, enhanced transparency, as well as stronger...