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...
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 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: “...
On February 22, 2014, the United Nations Security Council adopted Resolution 2139, calling for a need to increase humanitarian aid access in Syria. According to the press release, the resolution called “on all parties to immediately cease attacks against civilians and lift the siege of populated areas.” The resolution calls “on all parties allow the delivery of humanitarian assistance, including medical assistance, cease depriving civilians of food and medicine indispensable to their survival, and enable the rapid, safe and unhindered evacuation of all civilians who wish to leave.”
The European Court of Human Rights (the Court) has announced that it has received two applications so far that arise out of the Ukrainian protests. The first case is Sirenko v. Ukraine, lodged on January 28, 2014, by a protester alleging that he was “beaten up by special police units during a violent dispersal of protestors and then unlawfully detained on 30 November 2013.” The Government of Ukraine has been invited to submit “written observations on the admissibility and merits of the case.”
The second case is Derevyanko v. Ukraine, lodged on January 23, 2014,...
On February 21, 2014, the Inter-American Commission on Human (IACHR) rights issued a press release regarding the situation in Venezuela, stating that it is “profoundly disturbed by various complaints alleging violations of the demonstrators’ rights to peaceful protest and their rights to life and humane treatment, personal liberty, freedom of association and freedom of expression.” The IACHR noted that it was “particularly attentive to the serious complaints of” armed individuals allegedly attacking the demonstrators, citing as an example the shooting of demonstrators in the city of...
In a press release following the Foreign Affairs Council meeting on February 20, 2014, the European Council announced that “[i]n light of the deteriorating situation, the EU has decided as a matter of urgency to introduce targeted sanctions” in Ukraine. This will include an “asset freeze and visa ban against those responsible for human rights violations, violence and use of excessive force.” In addition, “Member States agreed to suspend export licences on equipment which might be used for internal repression.” The Council also directed the “relevant Working Parties to make the necessary...