International Law in Domestic Courts

Italian Court Rules Certain International Immunity Laws Inapplicable to Italian Legal Order (October 22, 2014)

Author: 
Marina Barakatt

On October 22, 2014, the Italian Constitutional Court (the Court)

International Aspects of Asylum Law in the Supreme Court of the United Kingdom

Introduction

The Supreme Court of the United Kingdom (Supreme Court) recently decided two cases that demonstrate the challenges courts face when applying asylum law domestically within the general framework of international refugee law. The Supreme Court’s application of complicated principles to difficult facts will ensure that these cases provide important guidance on respective competences, the use of evidence, and the rule of law to international decision-making bodies in the field of international refugee law, as well as other domestic decision makers.  

Topic: 
Volume: 
18
Issue: 
24
Author: 
Emily MacKenzie
Image: 

Dutch Supreme Court Upholds Arbitration Award for Chevron against Ecuador (September 26, 2014)

Author: 
Caitlin Behles

On September 26, 2014, the Dutch Supreme Court upheld (Dutch only) an arbitration award of US$1

Dutch Court Finds Netherlands Liable For Deportation of Bosniak Men and Boys in Srebrenica (July 16, 2014)

Author: 
Caitlin Behles

On July 16, 2014, the Hague District Court (the Court) in Mothers of Srebrenica v.

Improving Inter-State Cooperation for the National Prosecution of International Crimes: Towards a New Treaty?

We live in a time where war crimes and crimes against humanity still occur on a regular basis. Along with genocide, these are the crimes the world has too often vowed to never again accept. In this context, an important recent initiative to strengthen the international legal framework needed for states to prosecute the perpetrators of such crimes in their national courts has gone relatively unnoticed.

Topic: 
Volume: 
18
Issue: 
15
Author: 
Ward Ferdinandusse
Image: 

French Court Proceedings against Muammar Qadhafi

According to news reports, a French appeals court has held that the Libyan head of state, Muammar Qadhafi, could be prosecuted in France for his alleged role in the bombing of a French airliner over Niger in 1989. French prosecutors have opposed the prosecution, arguing that Qadhafi is entitled to head-of-state immunity in the French courts, but an investigating magistrate rejected the argument and the appeals court upheld that decision. The prosecutor is likely to appeal to the Court of Cassation, the highest court in France.
 
Topic: 
Volume: 
5
Issue: 
17
Author: 
Frederic L. Kirgis
Image: