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 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,...


| By: Şeymanur Yönt : September 30, 2021 |

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...


| By: Şeymanur Yönt : September 30, 2021 |

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.


| By: Şeymanur Yönt : September 30, 2021 |

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.


| By: Şeymanur Yönt : September 30, 2021 |

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...


| By: Şeymanur Yönt : September 28, 2021 |

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...