Topic 1

Introduction

In the twilight of its life, the International Criminal Tribunal for the former Yugoslavia (ICTY) has been the subject of renewed attention as it issues final judgments in its most high-profile cases. Last year, marking the twentieth anniversary since the tragic events of July 1995 in Srebrenica, Bosnia (mass executions of Muslim men and forcible transfers of women, children, and elderly), the ICTY Appeals Chamber delivered, in the Popović et al.

An agreement (agreement or SNCF agreement) between France and the United States to establish a compensation fund for those Holocaust victims deported from France who were excluded from other French compensation programs entered into force on November 1, 2015.[1] The deadline for filing claims for payments from the fund is May 31, 2016.

Introduction

In the Chinese calendar, 2015 was the year of the sheep: a follower rather than a leader. Yet for international investment law, 2015 was a year of transformation, signaling a possible reorientation along a new path. This Insight reflects on some of the key moments reflecting such a transformation or reorientation in treaty law and practice: the draft model bilateral investment treaties of India and Norway, the public release of the agreed text of the Trans-Pacific Partnership (TPP), and the European Commission’s proposal for a new investment court.

The European Union (EU) is one of the world’s leading fishing powers and is party in its own right to several dozen multilateral, regional, and bilateral agreements on the management and conservation of fisheries, an area of exclusive EU competence under the common fisheries policy. [1]  Absolute clarity regarding the prerogatives of the European institutions in the conduct of the EU’s external representation is therefore of fundamental importance for all concerned with legal proceedings in international courts and tribunals.

Over the past few months, the mass movement of Syrian migrants into and across Europe has transfixed the international community. Though international law governs the decisions as to whether these Syrians are eligible for protection against refoulement (return to torture or persecution), the texts of the UN Convention Relating to the Status of Refugees and the UN Convention Against Torture have nothing to say about the process through which these protection determinations happen.

On May 18, 2015, the European Council adopted Decision (CFSP) 2015/778 (Decision) launching the European Union Naval Force – Mediterranean (EUNAVFOR MED) with the aim of disrupting the business model of human smuggling and trafficking networks in the Southern Central Mediterranean.[1] The operational headquarters is located in Rome.

On November 5, 2015, the full text of the Trans-Pacific Partnership (TPP),[1] a trade and investment agreement among twelve Pacific nations, was, after a long wait, officially released to the public. The TPP is expected to have a significant impact on global trade and investment, as it brings greater economic integration to a  diverse set of countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam), who together account for almost 40% of global GDP.

Introduction

The focus of this Insight is on the criminal accountability of members of the military component that may be part of United Nations (UN) peacekeeping operations (military members). Unfortunately, several member states that have contributed military members (Troop Contributing Countries or TCCs) have failed to hold their members accountable for alleged criminal misconduct such as rape.