On October 28, 2021, the UN Security Council (UNSC) adopted a presidental statement on Sudan presented by Kenya, Council President for October. According to a UN press release, UNSC members expressed concern about the military seizure in Sudan, and urged all stakeholders to refrain from violence. The members called upon all stakeholders to fully implement the Constitutional Document and the Juba Peace Agreement in order to enable Sudan’s democratic transition. The members expressed their support for regional and subregional efforts, including African Union, as well as for the United...
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 25, 2021, the World Meteorological Organization (WMO) published its October Greenhouse Gas Bulletin, calling attention to the concentrations of varying levels of greenhouse gas in the atmosphere, the year over year increase in the annual rate of increase, and the negative environmental impacts of these greenhouse gases and pushing for increased support of the UNFCC Paris Agreement. The Agreement, which entered into force on November 4, 2016, focuses on limiting global warming to below 2° C and recommends cooperative efforts between nations in areas such as finance, technology,...
On October 26, 2021, the Peace and Security Council (PSC) of the African Union (AU) adopted a statement (communique) on the situation in Sudan. The PSC reiterated the AU’s commitment to support the Transitional Government of Sudan. The Council, acting under Article 7 of its Protocol, condemned the Sudanese military’s seizure, and rejected the “unconstitutional change of government.” The Council decided to suspend Sudan’s participation in all AU activities, and set to “undertake a mission to Sudan to engage with all stakeholders.”
On October 27, 2021, the Court of Justice of the European Union (CJEU) ruled in Case C-204/21 R Commission v. Poland that Poland must pay the European Commission a daily penalty in the amount of €1,000,000. According to a CJEU press release, the penalty is the result of Poland’s failure to comply with an interim measures order from the Court dated July 14, 2021. On February 14, 2020, a law relating to the organization of some courts, including the Supreme Court of Poland, entered into force in Poland. The European Commission brought an action for failure to fulfill obligations...
On October 25, 2021, the UN General Assembly adopted a resolution that explains the ways for achieving sustainable development goals by using space science and technology applications. According to a UN press release, the General Assembly urged member states to implement the resolution, and “to promote the use of space-based solutions.” The resolution, titled “Space2030 Agenda: space as a driver of sustainable development and the implementation plan,” includes the objectives of member states, such as enhancing space-derived economic benefits, using space to address everyday challenges, and...
On October 26, 2021, the Court of Justice of the European Union (CJEU) ruled in Case C-109/20 Poland v. PL Holdings that a member state’s conclusion of an arbitration agreement that includes a clause identical to a clause that was previously judged as invalid is prohibited under EU law. According to a CJEU press release, the CJEU further stated that, since the conclusion of such an agreement is prohibited, the national court should “set aside an arbitral award made on the basis of such an arbitration agreement.”
In 2017, an arbitral tribunal that assessed PL Holding’s...
On October 26, 2021, the WTO’s Dispute Settlement Body (DSB) established a panel “to examine China’s imposition of anti-dumping and countervailing duties on imported wine from Australia.” According to a WTO press release, the establishment of the panel followed Australia’s second request from the DSB for examination of the matter. China has stated that the measures are in compliance with WTO rules and that it will defend its measures.
On October 15, 2021, UN Security Council adopted Resolution 2600 on the question concerning Haiti. The Security Council condemned the assassination of President Jovenel Moïse and expressed its concern about the latest rise in gang violence. The Security Council extended the mandate of United Nations Integrated Office in Haiti (BINUH) until July 15, 2022, and requested the Secretary-General to assess the BINUH mandate and to share the findings of this assessment with the Security Council.
On October 20, 2021, the UN Special Rapporteur on the Protection and Promotion of Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, the OAS Special Rapporteur on Freedom of Expression, and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, issued a Joint Declaration on politicians, public officials, and freedom of expression. According to an OAS press release, the Declaration denounces hateful public statements by politicians and public officials. It recommends that states...
On October 5, 2021, the ECtHR ruled in Shavlokhova and Others v. Georgia that the application is inadmissible. According to an information note on the Court’s case law, the case concerned the Russian applicants’ complaint of violations with regard to Georgian armed forces’ military actions that took place during the conflict between the two states that took place on August 8- 9, 2008.
According to the ECtHR, the violations took place in and around the administrative capital of South Ossetia. The ECtHR stated that the area fell within Georgia’s territorial jurisdiction under...