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.
CJEU Rules on Conclusion of Arbitration Agreements with Invalid Clauses
| By: Şeymanur Yönt : October 27, 2021 |

On October 26, 2021, the Court of Justice of the European Union (CJEU) ruled in Case C-109/20 Poland v. PL Holdings that a member state’s conclusion of an arbitration agreement that includes a clause identical to a clause that was previously judged as invalid is prohibited under EU law. According to a CJEU press release, the CJEU further stated that, since the conclusion of such an agreement is prohibited, the national court should “set aside an arbitral award made on the basis of such an arbitration agreement.”

In 2017, an arbitral tribunal that assessed PL Holding’s...

WTO Dispute Settlement Body Establishes Panel on China
| By: Şeymanur Yönt : October 27, 2021 |

On October 26, 2021, the WTO’s Dispute Settlement Body (DSB) established a panel “to examine China’s imposition of anti-dumping and countervailing duties on imported wine from Australia.” According to a WTO press release, the establishment of the panel followed Australia’s second request from the DSB for examination of the matter. China has stated that the measures are in compliance with WTO rules and that it will defend its measures.

UN Security Council Adopts Resolution on Haiti
| By: Şeymanur Yönt : October 22, 2021 |

On October 15, 2021, UN Security Council adopted Resolution 2600 on the question concerning Haiti. The Security Council condemned the assassination of President Jovenel Moïse and expressed its concern about the latest rise in gang violence. The Security Council extended the mandate of United Nations Integrated Office in Haiti (BINUH) until July 15, 2022, and requested the Secretary-General to assess the BINUH mandate and to share the findings of this assessment with the Security Council.

Joint Declaration on Politicians and Public Officials and Freedom of Expression
| By: Şeymanur Yönt : October 22, 2021 |

On October 20, 2021, the UN Special Rapporteur on the Protection and Promotion of Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, the OAS Special Rapporteur on Freedom of Expression, and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, issued a Joint Declaration on politicians, public officials, and freedom of expression. According to an OAS press release, the Declaration denounces hateful public statements by politicians and public officials. It recommends that states...

ECtHR Rules Shavlokhova v. Georgia Inadmissible
| By: Şeymanur Yönt : October 22, 2021 |

On October 5, 2021, the ECtHR ruled in Shavlokhova and Others v. Georgia that the application is inadmissible. According to an information note on the Court’s case law, the case concerned the Russian applicants’ complaint of violations with regard to Georgian armed forces’ military actions that took place during the conflict between the two states that took place on August 8- 9, 2008.

According to the ECtHR, the violations took place in and around the administrative capital of South Ossetia. The ECtHR stated that the area fell within Georgia’s territorial jurisdiction under...

CoE Recommends Measures to Protect Children Against Radicalization
| By: Şeymanur Yönt : October 20, 2021 |

On October 20, 2021, the Council of Europe (CoE) recommended to its member states a set of measures to “better protect children against radicalization for the purpose of terrorism.” According to a CoE press release, the recommendation, which was prepared by the Committee on Counter-Terrorism, focuses on the protection of the child and the need to develop preventive strategies against the radicalization of children. The recommendation calls for the involvement of first-line practitioners, civil society, and the private sector. It emphasizes the importance of adopting an evidence-based...

CESCR Publishes Its Findings on Five Countries
| By: Şeymanur Yönt : October 20, 2021 |

On October 20, 2021, the UN Committee on Economic, Social and Cultural Rights (CESCR) published its findings on Azerbaijan, Bolivia, Bosnia and Herzegovina, Kuwait, and Nicaragua. According to a UN press release, the findings include aspects of the respective states’ implementation of the International Covenant on Economic, Social and Cultural Rights (Convention). The CESCR, in its concluding observations on Azerbaijan, welcomes the adoption of the Law on the Rights of Persons with Disabilities, and makes various recommendations to Azerbaijan, including removing unduly restrictions on NGOs...

UN Special Rapporteur Presents Report on Freedom of Expression and Gender
| By: Şeymanur Yönt : October 19, 2021 |

On October 18, 2021, the UN Special Rapporteur on promotion and protection of freedom of opinion and expression presented her report on gender justice and freedom of expression. According to a UN press release, the report explains the barriers and challenges to women’s freedom of expression, including gendered censorship and weaponizing “public morals.” The Special Rapporteur makes several recommendations to states including prohibiting gender-based violence and addressing gendered hate speech. Moreover, the Special Rapporteur makes recommendations to corporations, such as carrying out...

ECtHR Issues Two Judgments on Freedom of Expression
| By: Şeymanur Yönt : October 19, 2021 |

On October 19, 2021, the European Court of Human Rights published two judgments, Miroslava Todorova v. Bulgaria (in French only) (but see press release in English) and Vedat Sorli v. Turkey (in French only) (but see press release in English), on freedom of expression. In both judgments, the Court decided unanimously that there was a violation of freedom of expression. The Miroslava v. Bulgaria case concerned disciplinary proceedings against a former judge and the President of the Bulgarian Union of Judges. In that case, the Court ruled that “the disciplinary...

Inter-American Court of Human Rights Rules on Kidnapping and Torture of Female Journalist
| By: Şeymanur Yönt : October 19, 2021 |

On October 18, 2021, according to a press release, the Inter-American Court of Human Rights issued its judgment in Bedoya Lima et al. v. Colombia (in Spanish only), holding that Colombia is responsible for Journalist Jineth Bedoya Lima’s kidnapping and torture. According to a press release (in English) from the Court, the Court found that Colombia violated the applicant’s rights to personal integrity, personal liberty, honor, dignity, and freedom of expression. The Court founded evidence of Colombia’s participation in the events, and found that its investigation of the matter was...

RSS Feed