On July 28, 2016, the European Court of Human Rights declared the complaints of three Ukrainian homeowners regarding the shelling of their homes during the hostilities in Eastern Ukraine inadmissible due to lack of evidence. According to the press release, “armed pro-Russian groups started to seize official buildings in the east of Ukraine,” which prompted the Ukrainian government to respond with an “anti-terrorist” operation, during which the applicants’ houses were damaged or completely destroyed. As evidence of this, they presented copies of their passports and photographs 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 July 24, 2016, the International Olympic Committee’s (IOC) Executive Board decided not to issue a blanket ban on Russian athletes for the upcoming summer games in Rio de Janiero, Brazil. Instead, each sport’s international governing authority will determine whether a particular Russian team or athlete is allowed to compete. The IOC decision states that Russian athletes may participate in the Rio games provided they meet strict anti-doping criteria, do not have a history of doping, and undergo “rigorous additional out-of-competition testing program[s].” Russian athletes seeking to...
On July 22, 2016, the United Nations Security Council passed a resolution authorizing states to assist the Libyan government in destroying its remaining stockpile of chemical weapons. According to reports, the resolution builds upon discussions between Libya’s Government of National Accord and the Organization for the Prohibition of Chemical Weapons (OPCW), the non-governmental organization charged with monitoring the international Chemical Weapons Convention. Libya reported to the OPCW that its remaining Category 2 precursor chemicals—which are mixed to create toxic chemical weapons—had...
On July 21, 2016, Turkish parliament approved (press release available in Turkish) measures granting authorities emergency powers. According to reports, the measures stipulate a three-month state of emergency during which Turkey’s executive branch may issue binding decrees. The decrees may be overruled by the parliament but are not subject to review by the Turkish Constitutional Court. According to a report, the emergency measures are expected to allow continued detention and expedited prosecution for those alleged to have participated in the unsuccessful July 15 coup attempt in which...
On July 18, 2016, the International Labour Organization (ILO) released a report concluding that incorporating labor provisions in trade agreements does not harm or divert trade. In fact, the report found that “a trade agreement with labour provisions increases the value of trade by 28 percent on average, while a trade agreement without labour provisions increases trade by 26 percent.” The study defines “trade-related labor provisions” expansively as “any standard which addresses labour relations or minimum working terms or conditions, mechanisms for monitoring or promoting compliance, and/...
On July 15, 2016, the Special Tribunal for Lebanon issued a contempt judgment, finding both Akhbar Beirut S.A.L, a daily newspaper, and Ibrahim al Amin, its editor-in chief, guilty of interfering with the administration of justice. The contempt judge found that the accused had “publish[ed] information on purported confidential witnesses in the Ayyash et al. case” and had “thereby undermin[ed] public confidence in the Tribunal's ability to protect the confidentiality of information about, or provided, by witnesses or potential witnesses.” The contempt judge found that by publishing articles...
On July 14, 2016, the Office of the United Nations High Commissioner for Human Rights (OHCHR) released a report describing pervasive arbitrary deprivation of life in Ukraine between January 2014 and May 2016 and noting that “impunity for killings remains rampant.” The UN Human Rights Monitoring Mission in Ukraine (HRMMU) prepared the report, which is based on interviews with witnesses and relatives of victims, forensic reports, criminal investigation materials, and court documents, among other sources. The report first takes note of a large number of deaths during mass assemblies,...
Permanent Court of Arbitration Rejects China’s Sovereignty Claims in South China Sea (July 12, 2016)
On July 12, 2016, an Arbitral Tribunal at the Permanent Court of Arbitration issued an award in the South China Sea Arbitration (Philippines v. China), wherein it unanimously rejected many of China’s sovereignty claims in the South China Sea. The law governing the dispute is found in the 1982 United Nations Convention on the Law of the Sea, a treaty that both parties have ratified. The Philippines instituted the proceedings under Annex VII of the Convention. According to the press release, the Tribunal made clear that “it does not rule on any question of sovereignty over land territory and...
On July 11, 2016, the International Criminal Court (ICC) held that Uganda and Djibouti failed to comply with a request for the arrest and surrender of Sudanese President Omar Hassan Ahmad Al Bashir to the ICC. In separate decisions, the court found that Uganda and Djibouti failed to arrest and surrender Al Bashir when he visited their respective territories to attend inauguration ceremonies in May 2016. Pursuant to Article 87 of the Rome Statute, the Court referred the matter to the Assembly of States Parties to the Rome Statute and to the UN Security Council to take appropriate measures....
On July 8, 2016, an arbitral tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) issued an award finding Uruguay had not violated the Switzerland-Uruguay bilateral investment treaty (BIT) by enacting tobacco-control measures designed to protect public health. According to a news report, tobacco company Philip Morris International initiated the arbitration, “seeking compensation for economic damages caused by the nation's anti-tobacco measures,” which included a ban on smoking in public places, raising taxes on tobacco products,...