On November 5, 2019, the Court of Justice of the European Union (C.J.E.U.) held in Case C-192/18 Commission v. Poland, that Poland breached EU rules on equal pay for equal work, equal treatment in social security schemes, and non-discrimination. According to a press release issued by the Court, a Polish law of July 12, 2017, lowered the retirement age for prosecutors, judges of ordinary courts, and judges of the Supreme Court to 60 years for women, and 65 years for men. The retirement age had previously been 67 for both men and women. This is the second infringement action brought...
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.
On November 4, 2019, the United States officially submitted its notice to the United Nations that it intends to withdraw from the Paris Agreement. In a statement released by the U.S. Department of State, Secretary of State Pompeo indicated that President Trump made the decision to withdraw "because of the unfair economic burden imposed on American workers, businesses, and taxpayers by U.S. pledges made under the Agreement." He noted that the United States "will continue to work with our global partners to enhance resilience to the impacts of climate change and prepare for and respond to...
On November 4, 2019, The United Nations Security Council adopted Presidential Statement No. 13 on Guinea-Bissau. The Council expressed "full support" for the Economic Community of West African States (ECOWAS) and African Union Communiques on developments in Guinea-Bissau from October 23 and 30 (respectively), and condemned the recent violence in Guinea-Bissau that resulted in the death of one civilian and the injury of several others. The Council urged the political actors in the state "to show upmost restraint, refrain from all forms of violence or incitement to hatred, and to resort to...
The International Centre for Settlement of Investment Disputes (ICSID) published the award in Case No. ARB/17/23, CMC Muratori Cementisti CMC Di Ravenna SOC. Coop.; CMC Muratori Cementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch; and CMC Africa Austral, LDA v. Republic of Mozambique. The case involved a bilateral investment treaty (BIT) dated December 14, 1998, between Italy and Mozambique. The dispute relates to the reconstruction of part of the north-south highway in Mozambique. The Claimants entered into an agreement with Mozambique to undertake the work, but, after its...
The International Court of Justice (ICJ) published its 2018-19 Annual Report on October 30, 2019. The Report notes that the workload of the Court has "grown considerably," and that "the Registry has sought to maintain a high level of efficiency and quality in its work." During the period under review, the ICJ delivered judgments in three cases, issued one Advisory Opinion, and handed down 16 orders. As of July 31, 2019, there were 16 cases on the Court's List. The Report highlighted the "crucial role" the ICJ plays in maintaining and promoting the rule of law and noted that "[e]verything...
The German Public Prosecutor's office announced [in German] on October 29, 2019, that it has filed charges against two Syrian nationals for crimes against humanity. According to the Guardian's coverage, the two individuals were arrested in February 2019, as a result of a coordinated operation by German and French police. Anwar Raslan has been indicted with crimes against humanity, murder, rape, and severe sexual assault in connection with a prison investigative unit known as Branch 251 that was run by Raslan. The other individual, Eyad al-Gharib, has been charged with aiding the commission...
On October 25, 2019, the U.S. Financial Crimes Enforcement Network designated Iran as a "jurisdiction of primary money laundering concern" under section 311 of the US Patriot Act. According to a press release from the Department of the Treasury, this means that "the opening or maintaining of a correspondent account in the United States for or on behalf of an Iranian financial institution" is prohibited. It also prevents "foreign financial institutions' correspondent accounts at covered U.S. financial institutions from processing transactions involving Iranian financial institutions." In...
On October 24, 2019, the European Court of Human Rights (ECtHR) ruled in J.D. and A. v. the United Kingdom that a reduction in housing benefits based on occupancy violated Article 14 (prohibition of discrimination) of the European Convention on Human Rights (ECHR) and Article 1 of Protocol No. 1 (protection of property) to the ECHR. A press release issued by the Court explains that the applicant in the case challenged UK housing benefits rules that require a reduction in housing benefits for under-occupation of social housing. The applicant, a victim of violent sexual crime,...
On October 23, 2019, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced that it removed sanctions on Turkey imposed on October 14, 2019. According to a press release issued by the Treasury, the sanctions were removed following Turkey's ceasefire in its military operations in Syria, agreed on October 17. The October 14 sanctions were covered previously on International Law in Brief.
The European Union (EU) and Norway have signed an agreement on interim dispute resolution in the event of trade disputes under the framework of the World Trade Organization (WTO). The agreement is the second of its kind, the first having been established between the EU and Canada earlier this year. The agreements are an effort to address the long-standing blockage of appointments to the WTO Appellate Body, and to ensure the dispute resolution mechanisms are in place, should the WTO Appellate Body cease functioning completely.