Should I stay or should I go? The effects of denunciation of the American Convention and the Inter-American Court of Human Rights’ Advisory Opinion 26/2020
Introduced by Lucas C. Lima There is little disagreement that the advisory function of the Inter-American Court of Human Rights (IACtHR) has been growing and engaging on a more active role in recent times. Since 2014, the Court has ruled on rights and guarantees of children in the context of migration, the relationship between...
The ‘elusive essence’ of the principle of non-intervention in light of recent practice: The cases of Venezuela and Hong Kong
Introduced by Martina Buscemi and Elena Carpanelli It is not in doubt that the principle of non-intervention, which prohibits interference through coercive means by a State in the internal or foreign affairs of another State, is part of customary international law, as a corollary of the milestone principle of State sovereignty.[1] However, the precise content...
The judicial function of the ICC and its territorial basis
Introduced by Beatrice I. Bonafé and Alessandro Bufalini At the very heart of the main controversies entailed by the establishment and operation of the International Criminal Court lies the special nature of the Court. It can be conceived of, on the one hand, as a treaty-based body through which the member States perform jointly...
Plugging the enforcement gap: The rise and rise of human rights in climate change litigation
Introduced by Annalisa Savaresi The 2015 Paris Agreement set the path to address the climate emergency and to get to net zero emissions by 2050. However, it provides little means to hold state and corporate actors to account for failing to deliver on the promised emission reductions. The same may be said about much...
Clarifying freedom of navigation through straits used for international navigation: A study on the major straits in Asia
Introduced by Andrea Caligiuri Freedom of navigation is a fundamental principle of the public order of the oceans. The right of States to navigate the seas without undue interference and to freely trade with one another is explicitly guaranteed in relevant provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS).[1]...
Human Rights Committee’s decision on the case Ieoane Teitiota v New Zealand: Landmark or will-o’-the-wisp for climate refugees?
Introduced by Gabriella Citroni* On 24 October 2019, the United Nations Human Rights Committee (HRC) issued its Views on the case Ieoane Teitiota v New Zealand,[1] concerning the complaint of an individual seeking asylum from the effects of climate change. Mr Ieoane Teitiota, a national of Kiribati, applied for refugee status in New Zealand, but...
The Women Peace and Security agenda of the UN Security Council turns twenty: A tale of changing fortunes
Introduced by Micaela Frulli Twenty years ago, on October 31 2000, the UN Security Council (UNSC) adopted landmark Resolution 1325 (2000) affirming the importance of the equal participation and full involvement of women in all efforts for maintaining and promoting peace and security.[1] This Resolution was followed over the years by a string of Resolutions...
The blurring distinction between public and private in international dispute resolution
Introduced by Ramses A. Wessel (Professor of European Law, University of Groningen) It is a truism that international cooperation has moved beyond intergovernmental state structures and that we have become aware of alternative processes, actors and output where law-making is concerned.[1] State territories have not hindered the development of, for instance, global supply chains[2]...
Immunities of organizations under international law: Reflections in light of Jam v International Finance Corporation
Introduced by Martina Buscemi, Zeno Crespi Reghizzi, Chiara Ragni In its decision of February 27, 2019 in Jam v International Finance Corporation, the US Supreme Court ruled on the highly debated issue of immunity of international organizations. This case originated from a claim for damages brought by local farmers and fishermen and a small village...
COVID-19 and multilateral governance at the United Nations between risk-prevention, procedural adaptation and feeble response
Introduced by Enrico Milano and Giulio Bartolini* The social, human, economic and political impact of the COVID-19 pandemic can be hardly overestimated. As we write, the virus has infected more than 8 million people worldwide, causing the death of over 400,000. That accounts, in just a few months, to more than double the...
Renewable energy investment cases against Italy and Spain: Same issues, different scenarios?
Introduced by Gian Maria Farnelli and Marco Pertile Given the high costs of infrastructures, the renewable energy sector is one of the most foreign investment-dependent economic sectors. Many States have thus enacted remuneration schemes aimed at attracting foreign investors, typically in the form of feed-in tariffs, ever since the late 1990s. Starting from 2010,...
WTO security exceptions: A landmark Panel report in times of crisis
Introduced by Loris Marotti and Giovanna Adinolfi Just over a year has passed since the adoption of the report in the Russia–Traffic in transit case in which, for the first time, the national security exceptions under Article XXI GATT 1994 have been interpreted and applied by a WTO Panel. The report appeared as a...
