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Is the ILC’s work enhancing protection for the environment in relation to warfare? A reply to Stavros-Evdokimos Pantazopoulos and Karen Hulme

1. Introduction In this reply we would like to follow up on the contributions written by Stavros-Evdokimos Pantazopoulos[1] and Karen Hulme[2] concerning the International Law Commission’s (ILC) work on the topic ‘Protection of the Environment in relation to Armed Conflict.’ Based on our experiences working closely to Special Rapporteur Marie Jacobsson at the ILC,[3] we...

Was the Residual Mechanism’s creation falling squarely within the Chapter VII power of the Security Council?

1. Introduction On 22 December 2010, more than fifteen years after the establishment of the ad hoc tribunals for the former Yugoslavia and Rwanda (ICTY and ICTR, respectively), the Security Council (SC) adopted under Chapter VII of the UN Charter the Statute of the International Residual Mechanism for Criminal Tribunals (Residual Mechanism Statute). SC Resolution...

Of efficiency and fairness in the administration of international justice: Can the Residual Mechanism provide adequately reasoned judgments?

1. The issue This paper discusses some of the structural and procedural innovations that the Security Council introduced in the Statute of the International Residual Mechanism for Criminal Tribunals (Mechanism)[1] and reflects on how some of these developments impact on the exercise of the Mechanism’s judicial function. These innovations constitute a unicum in the field...

Fairness before the Mechanism for the International Criminal Tribunals

1. Introduction The UN Security Council established the Mechanism for the International Criminal Tribunals (MICT) in 2010, to ‘continue the jurisdiction, rights and obligations and essential functions of the ICTY and the ICTR’.[1] The MICT is comprised of two branches – one for the International Criminal Tribunal for Rwanda (ICTR), which commenced its operations on...

The advent of the Residual Mechanism for Criminal Tribunals and the future of (ad hoc) international criminal justice: Questions of legality, efficiency, and fairness

Introduced by Maurizio Arcari and Micaela Frulli   The fate of the two ad hoc criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR), established in 1993 and 1994 by the UN Security Council (SC), represents one of the most sensitive cases for international criminal justice since the beginning of the present century....

The Silala Dispute: Between International Water Law and the Human Right to Water

1. Introduction The dispute between the Republic of Chile and the Plurinational State of Bolivia before the International Court of Justice concerns the legal nature of the Silala river as an international watercourse and the ensuing regime of utilization of its waters. The controversy, which arose in 1999 when Bolivia claimed its exclusive right on...

What’s in a name? The Silala waters and the applicability of international watercourse law

1. Introduction Several interstate disputes concerning the non-navigational uses of international watercourses have come before the International Court of Justice (ICJ or Court), as well as its predecessor the Permanent Court of International Justice, since its establishment.[1] While these cases have undoubtedly contributed to the development of international watercourse law,[2] a fundamental question that the...

The Silala Waters dispute before the ICJ and the law on the use of international rivers for non-navigational purposes

Introduced by Lucas Carlos Lima   On the 6th June 2016 Chile brought a new dispute with its neighbour, Bolivia, to the International Court of Justice (ICJ), this time concerning transboundary water resources. The present querella regards the Status and Use of the Waters of the Silala, a water basin whose main course rises in...

Beyond the ‘spirit of systemic harmonization’: The devil is in the details (forthcoming)

Forthcoming

The Al-Dulimi Case before the Grand Chamber of the European Court of Human Rights: Business as usual? Test of Equivalent Protection, (Constitutional) Hierarchy and Systemic Integration

1. Introduction In June 2016, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR, the Court) delivered its judgment in the case of Al-Dulimi and Montana Management Inc v Switzerland.[1] The GC confirmed the findings of the Chamber (C) that had examined the case in 2013,[2] but appears to have departed in...

Back to consistency? The relationship between UNSC resolutions and the ECHR after the Grand Chamber’s decision in Al-Dulimi II

Introduced by Maurizio Arcari On 21 June 2016 the Grand Chamber of the European Court of Human Rights (ECtHR) handed down its definitive judgment in the case of Al-Dulimi v Switzerland,[1] addressing the legality under the European Convention on Human Rights (ECHR) of confiscation of asset measures imposed on an Iraqi national by Swiss authorities...

Carrot and Stick. The Italian Constitutional Court’s Preliminary Reference in the Case Taricco

1. A new type of preliminary reference: the ‘threatening reference of appeal’ Order 24/2017 is the third request for a preliminary ruling the Italian Constitutional Court (‘ICC’) has referred to the European Court of Justice (‘ECJ’),[1] but it significantly differs from the previous two. The first and the second request – orders 103/2008 and 207/2013...