On November 20, 2015, the WTO Appellate Body issued its report in United States-Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products. According to a news report, Mexico had first initiated dispute settlement proceedings in 2009 and won on a number of claims before both the original panel and on the Appellate Body’s review of its findings. In reaction to these decisions, the U.S. changed its tuna labelling regulations but Mexico instituted review proceedings, arguing these changes were insufficient to implement the Dispute Settlement Body’s...
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 November 4, 2015, an arbitral tribunal constituted under the International Centre for Settlement of Investment Disputes (ICSID) Convention published a decision it had taken earlier this year, which found in favor of a Dan Cake, a Portuguese company that had brought a claim under a Hungary – Portugal bilateral investment treaty (BIT) (not available in English), alleging that the Hungarian court’s actions during the liquidation proceedings of a subsidiary were a violation of the fair and equitable treatment provision of the BIT. When Dan Cake’s Hungarian subsidiary encountered financial...
On November 13, 2015, the Inter-American Court of Human Rights (Court) published a decision (only available in Spanish) it had ruled on in September, finding that Peru had violated the American Convention of Human Rights (Convention) by forcefully disappearing fifteen villagers in 1991. The case concerned the Peruvian military’s arrest of fifteen people, including children, and their transport to an abandoned mine. The villagers were executed and their bodies destroyed by explosive charges that were detonated inside the mine. The Court determined that the state refused to recognize the...
On November 12, 2015, President Obama published an Executive Order terminating the sanctions against Liberia. According to this news report, the sanctions had been put in place in 2004 and “imposed asset freezes on former Liberian President Charles Taylor, people belonging to his immediate family, his close associates or officials of his former regime, those who have been involved in the unlawful depletion of Liberian resources, and entities owned or controlled by designated persons.” According to the Executive Order, the president decided to lift the sanctions because Liberia had made...
On November 11, 2015, the Court of Justice of the European Union (Court) issued a judgment deciding the interpretation of what constitutes an “extrajudicial document.” According to the press release, the case concerned an EU Regulation which states that “[t]he proper functioning of the internal market entails the need to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States” and requires member states to transmit those documents “directly and by rapid means.” The Court found that “the concept of an...
On November 10, 2015, the Inter-American Court of Human Rights (Court) ruled (judgment only available in Spanish) in Lopez Lone and others v. Honduras that the state had violated the American Convention on Human Rights (Convention) by disciplining and dismissing judges who spoke out against the coup d’état in 2009. The Court stressed that representative democracy is one of the pillars of the Convention as well as the Organization of American States and noted that the coup d’état violated international law. During this time, the judges took actions in defense of the rule of law and...
On November 10, 2015, the European Court of Human Rights (Court) ruled in Couderc and Hachette Filipacchi Associés v. France that a court decision against weekly newspaper Paris Match for publishing information about Prince Albert of Monaco’s private life violated Article 10 (freedom of expression) of the European Convention on Human Rights. According to the press release, the case concerned a newspaper article written about a woman known as Ms. Coste, who claimed that Prince Albert is the father of her son, and included a picture of the prince with the child. Having...
On November 3, 2015, a tribunal constituted under the ICSID Convention dismissed all claims brought by a U.S. investor against the Sultanate of Oman. Mr. Al Tamimi, a U.S. citizen, had initiated the arbitration proceedings for alleged breach of provisions of the U.S.-Oman Free Trade Agreement (Agreement) regarding national treatment, expropriation, and minimum standard of treatment. Mr. Al Tamimi had invested in the development and operation of a limestone quarry, entering into contracts with the state-owned Oman Mining Company LLC (OMCO) for the lease of the site. According to the lease...
On November 10, 2015, the European Court of Human rights ruled in M’Bala M’Bala v. France (judgment only available in French) that Article 10 (freedom of expression) of the European Convention on Human Rights (Convention) does not protect negationist and anti-Semitic performances. According to the press release, Mr. M’Bala M’Bala put on a performance which included the participation of a man convicted for his “negationist and revisionist opinions, mainly his denial of the existence of gas chambers in concentration camps,” wearing a costume “reminiscent of the clothing worn by...
On November 1, 2015, the Agreement on Compensation for Certain Victims of Holocaust-Related Deportation from France Who are not Covered by French Programs (Agreement) between the U.S. and France entered into force. According to the press release, the Agreement was signed in December 2014, and “will supplement the programs established by France for reparation and compensation of the victims of anti-Semitic persecutions during the Holocaust.” The fund will be administered by the U.S., who will distribute the $60 million provided by France to eligible Americans, Israelis, and other victims...