On September 23, 2021, the Advocate General Rantos issued his Opinion in the Cases C-128/20 GSMB Invest, C-134/20 Volkswagen, and C-145/20 Porsche Inter Auto and Volkswagen before the Court of Justice of the European Union. According to a press release from the Court, the cases deal with purchasing of motor vehicles containing software that limits nitrogen oxide emission reductions. The Court was asked to rule on whether such software is a “defeat device” (see art. 3(10) of Regulation 715/2007/EC), and whether exceptions to the prohibition of defeat devices apply...
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.
On September 27, 2021, the Dispute Settlement Body of the World Trade Organization established two new dispute panels. One of the panels will rule on China’s anti-dumping measures imposed on stainless steel products from Japan. The other panel will rule on the measures imposed by Panama on various imports originating from Costa Rica, including dairy products, meat products, fish food, strawberries, pineapple, plantains, and bananas.
On September 22, 2021, the Secretariats of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) published the updated version (version three) of the draft Code of Conduct for Adjudicators in International Investment Disputes. The Code of Conduct, which is developed under the work of UNCITRAL Working Group III (ISDS reforms), introduces principles and provisions related to independence and impartiality, fairness, efficiency, and civility.
On September 23, 2021, the Republic of Azerbaijan instituted proceedings against the Republic of Armenia before the International Court of Justice. The proceedings concern the interpretation and the application of the International Convention on the Elimination of All Forms of Racial Discrimination. Azerbaijan claims that Armenia has conducted and continues to conduct “discriminatory acts against Azerbaijanis on the basis of their ‘national or ethnic’ origin,” continues its “ethnic cleansing” policy and “incites hatred and ethnic violence against Azerbaijanis.” Azerbaijan requests the...
On September 21, 2021, the European Court of Human Rights (ECtHR) ruled in the case of Carter v. Russia that Russia has violated Article 2 (Right to Life) of the European Convention on Human Rights in its procedural and substantive aspects. The case dealt with the poisoning and death in London of Mr. Aleksandr Litvinenko's, a former Soviet and Russian security services agent who had been granted asylum in the UK. In January 2016, the inquiry of the UK authorities established that Mr. Litvinenko was, beyond reasonable doubt, poisoned by Mr. Lugovoy and Mr. Kovtun. The ECtHR held...
On September 27, 2021, ICC Prosecutor Karim A.A. Khan QC issued a statement outlining his application to resume the investigation into the Situation in Afghanistan. The ICC investigation was suspended in March 2020, following a request by the Government of Afghanistan to defer the investigation to Afghan national authorities. However, as Khan states, "[r]ecent developments in Afghanistan and the change in the national authorities, represent a significant change of circumstances with import for our ongoing assessment of the deferral request" and that "there is no longer the prospect of...
On Wednesday, September 22, 2021, the District Court for the District of Columbia ordered Facebook to release records of Facebook accounts linked to anti-Rohingya violence. Facebook opposed release of the data, arguing that it would violate the Stored Communications Act (SCA), which prohibits e-communication service providers from knowingly releasing to the public the contents of its users' communications. Rejecting that argument and noting that "an update to the SCA is sorely needed," the Judge pointed out that the Act does permit the disclosure of deleted data--and Facebook has deleted...
On September 16, 2021, Costa Rica signed the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Costa Rica is the fourth signatory to this Convention, which has not yet entered into force. The Convention sets forth commonly accepted conditions for the recognition and enforcement of judgments from contracting states, as well as grounds for refusal. Israel, Ukraine, and Uruguay are the other three signatories.
Economic Community of West African States (ECOWAS) has decided, in a Communiqué issued on September 16, to impose sanctions on coup leaders in Mali (for a coup which occurred in May) and Guinea (for this month's coup). The Communiqué imposes sanctions and travel bans on members of the National Committee for Reconciliation and Development (CNRD) and their families, as well as freezes their assets; it upholds the suspension of Guinea from ECOWAS governing bodies; it calls for presidential and legislative elections to be held within six months and prohibits members of the CNRD from taking...
On Friday, September 17, 2021, President Biden issued an Executive Order imposing sanctions in relation to the ongoing crisis in Ethiopia. According to a statement on the Executive Order from President Biden, the sanctions "target those responsible for, or complicit in, prolonging the conflict in Ethiopia, obstructing humanitarian access, or preventing a ceasefire." The statement notes the "determin[ation]" of the United States "to push for a peaceful resolution of this conflict" and the United States' continued efforts "to press for a negotiated ceasefire, an end to abuses of innocent...