The EU Departs From the Energy Charter Treaty – What Comes Next?
Cambridge International Law Journal
by Sofia Gierow
3w ago
The European Union (EU) has officially packed its bags and closed the door on the Energy Charter Treaty (ECT). On ..read more
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Montauk Metals v Colombia: An Award With Entangled Reasoning?
Cambridge International Law Journal
by Khan Khalid Adnan
3w ago
In Montauk Metals v Colombia, an ICSID tribunal has recently rendered its Award on 7 June 2024, finding that Colombia ..read more
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From Paper to Practice: Transforming International Refugee Law to Enforce State Accountability and Effectuate Refugee Rights
Cambridge International Law Journal
by Tanishka Kapoor
1M ago
The international framework for refugee protection, codified primarily in the 1951 Refugee Convention, its Optional Protocol, and the Draft Articles ..read more
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Unveiling Modern Slavery: Visual Solutions to a Hidden Crisis
Cambridge International Law Journal
by Lodovica Raparelli
1M ago
Modern slavery remains a largely unseen and unaddressed crime, often hidden in plain sight. When most people think of “slavery ..read more
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Anticipating the First “COP” under the BBNJ Agreement: Insights on the PrepCom Organisational Meeting in New York (24-26 June 2024)
Cambridge International Law Journal
by Laisa Branco de Almeida and Dr Barbara Mourao Sachett
1M ago
The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), adopted ..read more
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Justice Dilemma at Sea: The Statutory Gap of Exercising Jurisdiction on Non-Government Ships
Cambridge International Law Journal
by Philippe Hermes
1M ago
Coast guards and other maritime law enforcement agencies (LEA) are authorised by public mandate to enforce law and order at ..read more
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From Normative to Geopolitical Power EUrope: What Implications for South Caucasus?
Cambridge International Law Journal
by Artur Simonyan and Mariam Baghdasryan
2M ago
EU’s shift to geopolitical power from normative In his famous 2002 article, Ian Manners claimed that when acting externally as a normative power, the EU transfers liberal-democratic norms in non-European space through its legal and political rationales. At least several cohorts of students were educated by that vision when learning about the transfer of EU’s acquis communautaire into non-European jurisdictions, which has been part of that normative power Europe discourse.  A lot has changed since 2022, two decades after Manners’s article, when European leaders have openly started to stat ..read more
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Defining Due Diligence Obligation of States in Relation to Climate Change
Cambridge International Law Journal
by Divyanshu Sharma
2M ago
Climate change and greenhouse gas (GHG) generation are global concerns, imposing an erga omnes obligation (para 33) on States to implement effective policies controlling GHG production at the source. While States are not liable for failing specific goals (para 430), they can be accountable for not reasonably pursuing these objectives, as per the due diligence concept in international law. Two recent judgments have clarified the due diligence obligations of States regarding climate change. The European Court of Human Rights (ECtHR), in Verein KlimaSeniorinnen v Switzerland, and the Internation ..read more
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Environmental Justice in Investment Arbitration: Will Renco v Peru (II) Pave the Way?
Cambridge International Law Journal
by Khan Khalid Adnan
2M ago
In Investor-State arbitration, argumentation regarding human rights and environmental protection has been controversial. This tension between investment law and human rights conception is well acknowledged both in scholarship and arbitral practice. Renco v Peru (II) once again addresses this unsettled struggle when the tribunal (composed of Tribunal President Judge Bruno Simma, Arbitrator Prof. Horacio Grigera Naón, and Arbitrator Christopher Thomas KC) has recently issued a Procedural Order seeking some clarifications. Amongst others, the tribunal has sought comments from the parties regardi ..read more
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Causality and the Laws of War, Terrorism and Asylum
Cambridge International Law Journal
by James C. Simeon
3M ago
There is a direct causal relationship between and among war, terrorism and asylum that is too often ignored by legal analyst and scholars. Each is governed by separate branches of international law: international humanitarian law; international criminal law; and international refugee law. While it is commonly understood that war mass produces forced displacement and refugees. It is less recognised that terrorism is directly correlated to war or armed conflict and that it accelerates the pace and numbers of those who are forcibly displaced. The broad scope of these three branches of public int ..read more
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