International Law in Brief


International Law in Brief (ILIB) is forum that provides updates on current developments in international law from the editors of ASIL's International Legal Materials.
| By: Justine N. Stefanelli : September 25, 2019 |

On September 25, 2019, at its 30th meeting, the Consultation of Ministers of Foreign Affairs of the Organization of American States (OAS), adopted a resolution primarily aimed at identifying individuals and entities associated with the Nicolas Maduro regime. In addition to strengthening efforts to identify those linked with the regime, the resolution includes elements of enhanced legal, judicial, and police cooperation and involvement of national financial intelligence units in the identification of regime associates. The Ministers will meet again within two months of the date of the...


| By: Justine N. Stefanelli : September 24, 2019 |

On September 24, 2019, the UK Supreme Court unanimously held in R (Miller) v. The Prime Minister that Prime Minister Boris Johnson's decision to suspend, or prorogue, the UK Parliament was unlawful. The judgment affirmatively responded to the question of whether the matter was justiciable because of its political nature. As noted in both the judgment and an official summary of the judgment, the Court further held that the decision to suspend Parliament was "unlawful because it had the effect of frustrating or preventing the ability of parliament to carry out its constitutional...


| By: Justine N. Stefanelli : September 23, 2019 |

On September 23, 2019, the United Nations General Assembly adopted the first Political Declaration on healthcare, titled "Universal Health Coverage: Moving Together to Build a Healthier World". The Declaration is aimed at reaffirming the commitment of U.N. member states to "achieve universal health coverage by 2030" in recognition that health is a key part of implementing the 2030 Agenda for Sustainable Development. The Declaration commits states to a number of actions relating to promoting active and healthy lifestyles, affordable health financing policies, high-quality and affordable...


| By: Erin K. Lovall : September 16, 2019 |

On September 12, 2019, the Supremo Tribunal de Justiça (Supreme Court, Portugal), issued a judgment in the Cofemel - Sociedade de Vestuário, SA v. G-Star Raw CV case, Case-683/17 (in Spanish). The Court of Justice of the European Union Press Release 109/19 summarized the Court’s findings. The dispute concerned an accusation by G-Star that Cofemel was “producing and selling jeans, sweatshirts and t-shirts copying some of its own designs.” The Court discussed its settled case law that “any original subject matter constituting the expression of its author’s own intellectual creation can be...


| By: Erin K. Lovall : September 16, 2019 |

On September 3, 2019, the Group of Eminent International and Regional Experts in Yemen released its “Report on the Situation of Human Rights in Yemen, Including Violations and Abuses Since September 2014,” UN Document A/HRC/42/CRP.1*. The Report found “reasonable grounds to believe that the parties to the conflict in Yemen are responsible for an array of human rights violations and violations of international humanitarian law. Some of these violations are likely to amount to war crimes.” Further, it...


| By: Erin K. Lovall : September 16, 2019 |

On September 10, 2019, the European Court of Human Rights (ECtHR) issued its judgment in the Pryanishnikov v. Russia case, Application No. 25047/05. In a Press Release issued by the Registrar of the ECtHR, the findings of the case were summarized. In this case, the applicant, Sergey Viktorovich Pryanishnikov, a Russian national, challenged the refusal by domestic courts to grant him a film reproduction license because he was suspected of producing or distributing pornography. Pryanishnikov is the producer of erotic films and owns the copyright to over 1,500 such films. He applied to the...


| By: Erin K. Lovall : September 09, 2019 |

In June 2019, the Council of Europe released its Recommendation regarding the “protection of refugees, asylum-seekers and migrants travelling by sea,” titled “Lives Saved. Rights Protected. Bridging the Protection Gap for Refugees and Migrants in the Mediterranean.” The Recommendation sets forth that “states have clear obligations to aid any person found in distress at sea, to rescue people in distress and to ensure that their rights—including the right to life and to protection from refoulement—are upheld.” The Council of Europe Commissioner for Human Rights put forward this...


| By: Erin K. Lovall : September 09, 2019 |

On September 4, 2019, the UN Commission of Inquiry on Burundi released its Report, UN Document A/HRC/42/49. The Report states: “Serious human rights violations have continued to be committed in Burundi since May 2018, in a general climate of impunity. Some of these violations constitute international crimes. Members of the youth league of the ruling party, the Imbonerakure, are the main perpetrators. Officers of the National Intelligence Service and the police, along with local administrative officials, are also frequently identified as perpetrators of such violations. Burundi has been...


| By: Erin K. Lovall : September 09, 2019 |

On September 4, 2019, the United States District Court for the Eastern District of Virginia issued a Memorandum Opinion and Order in the Elhady v. Kable case. In this case, the plaintiffs are “twenty-three United States citizens who claim that because of their inclusion in the federal government’s Terrorist Screening Database (‘TSDB’), referred to colloquially as ‘the Watchlist,’ they have suffered a range of adverse consequences without a constitutionally adequate remedy.” The Court held that the Department of Homeland Security Traveler Redress Inquiry Program ('DHS TRIP'), “in its...


| By: Erin K. Lovall : September 02, 2019 |

On August 6, 2019, the Inter-American Commission on Human Rights (IACHR) issued Report No. 109/19 approving the friendly settlement agreement in Case 11,144, Gerson Jairzinho González Arroyo. As noted in the press release, the IACHR received a petition on April 7, 1993, “alleging that the Republic of Colombia bore international responsibility for the forced disappearance of Gerson Jairzinho González Arroyo on November 20, 1992 in the city of Sincelejo, in the department of Sucre, and for the lack of due diligence of judicial authorities in charge of investigating those events and punishing...