On November 12, 2021, the UN General Assembly elected thirty-four members of the International Law Commission (ILC) to serve between 2023 – 2027. According to an ILC press release, 9 nationals from African states, 8 nationals from Asia-Pacific states, 3 nationals from Eastern European states, 6 nationals from Latin American and Caribbean states, and 8 nationals from Western European and other states were elected. The ILC is responsible for developing and codifying international law, and members of the ILC are “persons of recognized competence in international law.”
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 November 11, 2021, the UN General Assembly, after discussing the report (to be issued as document A/76/PV.31) submitted by the International Criminal Court (ICC), adopted a resolution (to be issued as document A/RES/76/5) that called upon non-signatories of the Rome Statute to consider joining the signatory parties. According to a UN press release, the Assembly asked states parties to “adopt national legislation that will implement their obligations and work with The Hague-based Court to carry out its functions.” The resolution also mentioned the importance of implementing the Rome...
On November 12, 2021, ICSID released its 6th Working Paper on “proposed amendments to its procedural rules.” According to an ICSID press release, the 6th Working Paper addresses a few issues that were raised on the “previous iteration of the proposed amendments to the ICSID rules,” and offers changes based on written comments received by November 10, 2021. The proposed changes include the changes in “notice of third-party funding,” “security for costs,” “publication of documents filed in the proceeding,” “participation of non-disputing treaty party,” and “consent of parties to expedited...
On November 10, 2021, the General Court of the European Union (EUGC) dismissed, in Case T-612/17, Google’s action against the Commission’s finding that “Google abused its dominant position by favouring its own comparison shopping service over competing comparison shopping services,” and upheld the fine imposed on Google. According to a EUGC press release, on June 27, 2017, the Commission found in Case AT.39740 that Google, by favoring its own comparison shopping service over competing comparison services, “abused its dominant position on the market for online general search services,” and...
On November 10, 2021, the UK Supreme Court blocked, in the Lloyd (Respondent) v. Google LLC (Appellant) Case, a $4.3 billion class action against Google. According to a UK Supreme Court press summary, the Respondent claimed that in late 2011 and early 2012, Google breached its duties as a data controller by secretly tracking and using data derived from millions of Apple iPhone users’ internet activity. The Respondent claimed “to represent everyone resident in England and Wales who owned an Apple iPhone at the relevant time and whose data were obtained by Google without their...
On November 8, 2021, Pre-trial Chamber II of the International Criminal Court (ICC) rendered its decision on the requests for reconsideration or for Leave to Appeal regarding the Decision regarding the applications related to the Prosecutor’s ‘Notification on status of the Islamic Republic of Afghanistan’s article 18(2) deferral request’ of September 3, 2021. The Chamber noted that it had previously dismissed as a preliminary matter the First, Second, and Third Applicants’ requests for Leave to Appeal because of a lack of standing and that that holding applies equally in the context of the...
On November 10, 2021, the Iran Atrocities Tribunal (also known as the Aban Tribunal) began its Public Hearings in London “to investigate the killing and wounding of thousands of innocent protesters in Iran in 2019.” According to a Tribunal press release, it will assess whether the crimes allegedly committed by individuals such as the Supreme Leader Ali Khamanei and President Ebrahim Raisi constitute crimes against humanity. The Tribunal panel will hear 45 witnesses and will investigate 133 Iranian Government Officials’ roles in international crimes during the 2019 protests. The 2019...
On November 3, 2021, the UN Security Council extended the European Union-led stabilization forces’ mandate in Bosnia and Herzegovina for another year in resolution 2604 (2021) (to be issued as document S/RES/2604(2021)). According to a UN press release, the resolution mandates UN member states to establish the multinational stabilization force, EUFOR-Althea, for a further twelve months. EUFOR-Althea will help to implement military aspects of the Dayton Peace Agreement signed in 1995. The Council also extended its authorization to allow NATO to keep its headquarters in the country for an...
On November 2, 2021, President Biden announced that Guinea, Mali, and Ethiopia will be removed from the African Growth and Opportunity Act (AGOA) as of January 1, 2022, unless they take necessary actions to meet the statutory eligibility criteria. According to an Office of the United States Trade Representative press release, the Biden Administration is “concerned by the unconstitutional change in governments in both Guinea and Mali, and by the gross violations of internationally recognized human rights being perpetrated by the Government of Ethiopia and other parties amid the widening...
On October 28, 2021, the Prosecutor of the International Criminal Court (ICC) concluded a Cooperation Agreement with Colombia. According to an ICC press release, the agreement renewed “the commitment of the Office to Colombia’s national accountability processes.” The Office of the Prosecutor determined that Colombia actively investigates and prosecutes Rome Statute crimes, and, in light of this, the preliminary examination must be closed. The agreement is based on the complementary principle under the Rome Statute which states that the ICC only complements domestic courts’ efforts, and...