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.
| By: Şeymanur Yönt : October 13, 2021 |

On October 5, 2021, the OHCHR recognized the right to a safe, clean, healthy, and sustainable environment as a human right. The OHCHR encouraged states to build capacities to protect the environment, to share good practices, and to adopt relevant policies. The OHCHR further invited the UN General Assembly to consider the matter.

 


| By: Şeymanur Yönt : October 12, 2021 |

On October 7, 2021, as reported by JURIST, the Polish Constitutional Tribunal (Tribunal) ruled that some provisions of the EU treaties are in breach of Poland’s constitution, which has primacy over EU law. In response to the Tribunal, the European Commission reaffirmed in a statement that “EU law has primacy over national law, including constitutional provisions; and all rulings of the ECJ are binding on all Member States’ authorities, including national courts.” Furthermore, the Commission stated that it will analyze the ruling in detail and will decide on the further steps.


| By: Şeymanur Yönt : October 12, 2021 |

On October 5, 2021, CoE Commission Against Racism and Intolerance (ECRI) published its conclusions on Russia’s and Latvia’s implementation of ECRI’s recommendations. In its conclusions, ECRI expressed its concern about Russia’s non-implementation of recommendations related to investigating complaints against the police and abolishing the legal ban on the provision of information about homosexuality in minors. ECRI also found insufficient the measures taken in Latvia to address hate crimes. The published conclusions constitute an interim follow-up to the reports of Russia and Latvia which...


| By: Şeymanur Yönt : October 06, 2021 |

On October 4, 2021, the Independent Fact-Finding Mission on Libya stated that there are reasonable grounds to believe that crimes against humanity and war crimes have been committed in Libya. The UN Human Rights Council established the Mission by resolution 43/39 to investigate human rights violations and abuses in Libya since the beginning of 2016. Following its investigation, the Mission shared its report which included findings on conduct of hostilities, extrajudicial killings, violations in the context of deprivation of liberty, sexual and gender-based violence, and the situation of...


| By: Şeymanur Yönt : October 01, 2021 |

On September 30, 2021, the Parliamentary Assembly of Council of Europe adopted Resolution 2404 to address migrant and asylum seeker arrivals from Belarus. The Parliamentary Assembly expressed its concern about the increased migration and asylum pressures at the Belarus border with Latvia, Lithuania, and Poland. The Assembly described the pressure as Belarus’s instrumentalization of migration as a response to EU sanctions against Belarus. The Parliamentary Assembly emphasized the importance of effective border management as well as the rights of migrants and asylum seekers. The Assembly...


| By: Şeymanur Yönt : October 01, 2021 |

On September 29, 2021, UN Security Council adopted Resolution 2598 (not yet available) under Chapter VII of the UN Charter. The Security Council extended, for a period of 12 months, several measures that were set out in Resolution 2240 (2015). Such measures included authorization for member states to inspect vessels outside of Libya’s territorial waters if there are reasonable grounds for a vessel’s participation in migrant smuggling and human trafficking.


| By: Şeymanur Yönt : October 01, 2021 |

On September 30, 2021, as reported by JURIST, the Supreme Court of Belarus held a hearing regarding the lawsuit filed in August by the Ministry of Justice of Belarus, requesting liquidation of the Belarusian Helsinki Committee (BHC), one of the oldest human rights group in Belarus. The Ministry of Justice claims that the BHC provided incorrect financial information in its annual report. On September 22, 2021, several international non-governmental organizations, including Amnesty International and Human Rights Watch, issued an open letter for the Ministry and requested withdrawal of the...


| By: Şeymanur Yönt : September 30, 2021 |

On September 29, 2021, the Parliamentary Assembly of the Council of Europe (PACE), in order to ensure fulfillment of “the right to a safe, clean, healthy and sustainable environment,” presented a draft of an additional protocol to the European Convention on Human Rights. The Assembly explained in its Resolution 2396 that an explicit right would be an “incentive for stronger domestic environmental laws and a more protection-focused approach.” The Assembly’s draft will now be considered by the Council of Europe’s Committee of Ministers.


| By: Şeymanur Yönt : September 30, 2021 |

On September 22, 2021, the UN General Assembly, to commemorate the 20th anniversary of the adoption of the Durban Declaration and Programme of Action, adopted Resolution A/RES/76/1 “United against racism, racial discrimination, xenophobia and related intolerance.” The Durban Declaration and Programme of Action provide a framework and foundation for combating racism, racial discrimination, xenophobia, and related intolerance. The Resolution adopted by the General Assembly similarly, by acknowledging the rise in discrimination, hate speech, racism, and xenophobia, reiterated the commitment...


| By: Şeymanur Yönt : September 30, 2021 |

On September 29, 2021, the European Commission presented its Report on Migration and Asylum. The Commission has also adopted an updated EU Action Plan Against Migrant Smuggling and a Communication on the Application of the Employers Sanctions Directive. The Commission, by presenting and adopting these documents, which are a reflection and follow-up to the New Pact on Migration and Asylum dated September 23, 2020, aims to further prevent organized exploitation of migrants and reduce irregular migration. The Report explains achievements and key developments in migration and asylum policy,...