Azerbaijan v. Armenia before the ICJ: When Military Occupation is Racial Discrimination under CERD?
Cambridge International Law Journal » Public International Law
by Nurlan Mustafayev
3d ago
Introduction Following the so-called “44-Day War” in 2020, Azerbaijan and Armenia lodged reciprocal applications before the International Court of Justice (“ICJ”) under the UN Convention on Elimination of All Forms of Racial Discrimination (“CERD”), which is a part of the broader international claims between the conflicting parties. These claims arise from Europe’s longest-running conflict that witnessed two destructive wars and decades-long military occupation and massive human rights violations. In its application, Azerbaijan accuses Armenia of practicing racial discrimination against ethni ..read more
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In the Wake of Nagorno-Karabakh Conflict: Current Challenges to Regional Peace and International Law
Cambridge International Law Journal » Public International Law
by Arnold Vardanyan
3w ago
Introduction The territorial conflict of over 30 years between Armenia and Azerbaijan over Nagorno-Karabakh escalated in the late 1980s and early 1990s after the collapse of the Soviet Union, concluding with the forcible displacement of over 120,000 ethnic Armenians from the territory in September 2023. This long-lasting conflict, also involving Russia and Türkiye, marked by four major wars and numerous documented and undocumented violations of international law, has resulted in multifaceted consequences that currently impede the establishment of peace and sustainability in the region. This b ..read more
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From Ukraine to the Gaza Conflict: Male Victimisation of Sexual Violence and The ‘Man Question’ in International Law
Cambridge International Law Journal » Public International Law
by Arifur Rahman
1M ago
Conflict-related sexual violence in recent times, whether in the context of Ukraine or Gaza, has captured global attention and elicited fervid reactions. The international community has staunchly opposed and condemned sexual violence in recent conflicts but only concerning sexual violence against women (see e.g., here,  here, and here). This demonstrates how the discussion of sexual violence and armed conflict, often overlooks the possibility of men being sexually violated. Male victims of sexual violence tend to remain an overlooked category especially when  ..read more
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Crisis in the Red Sea: Does the International Law Protect Against UAV Attacks & Other Forms of Maritime Terrorism in the High Seas?
Cambridge International Law Journal » Public International Law
by Xenia Dhar
2M ago
The Red Sea is in turmoil. As a result of the conflict in Gaza, the rebel group – Houthis, in support of Hamas, has started attacking commercial vessels in the Red Sea. These attacks may have a severe adverse effect on global trade. This is because Red Sea is the only route to the Suez Canal. Consequently, the Red Sea region handles about 12% if the global sea-borne trade. Hence, to safeguard this important trade-route, the United States has recently launched Operation Prosperity Guardian. In light of the current tumultuous situation, international law can play a vital role in addressing the ..read more
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The ICJ’s Advisory Function: A Procedural Tool to Advance Human Rights?
Cambridge International Law Journal » Public International Law
by Danielle Flanagan
2M ago
While jurisdictional limitations may have initially restrained the International Court of Justice (ICJ) from contributing to the development of international human rights law, it appears that its advisory function has and continues to pave the way for the further mainstreaming of human rights within its work. Pending requests for advisory opinions—including the Right to Strike under ILO Convention  No. 87, Obligations of States in respect of Climate Change, and Legal Consequences arising from the Policies and Practices of Israel in the OPT, including East Jerusalem—have signalled the inc ..read more
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Grain Battles Before the WTO
Cambridge International Law Journal » Public International Law
by Editors
4M ago
On the 19th of September 2023, Ukraine declared that it would be filing a complaint at the WTO against Slovakia, Hungary and Poland after all three states continued to impose an import ban on grain and other agricultural goods originating from Ukraine, despite the EU Commission lifting the ban. Grain and other agricultural products in transit are exempted from this ban. All three states, which are also part of the Visegrad Group, support their grain ban with the argument that an outright grain ban is necessary to protect domestic grain production – prim ..read more
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Harmonising Profit and Planet: Rethinking Environmental Counterclaims in Investor-State Arbitrations
Cambridge International Law Journal » Public International Law
by Kritin Bahuguna and Lishika Sahni
5M ago
Introduction With heightened global scrutiny pertaining to environmental issues and domestic policy reforms, environment-related counterclaims have been on the rise. This rise of environment-related counterclaims in international arbitration reflects a significant shift towards the need for a fairer framework in Investor-State Dispute Settlement (“ISDS”) mechanisms. Counterclaims emerge as a promising tool within the framework of international arbitration, having far-reaching consequences as compared to a defence on the merits. They constitute an independent cause of action, which implies tha ..read more
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The global minimum tax: a new development in international law
Cambridge International Law Journal » Public International Law
by Amedeo Rizzo
5M ago
The world of international tax is witnessing a historical moment, mainly characterised by the proposal to adopt a global minimum tax for multinational enterprises (MNEs). The OECD, in its attempt to fight international corporate tax avoidance, has proposed the adoption of a 15% tax on large multinational groups (global minimum tax). This measure has been approved, yet not adopted, by 137 countries in what the OECD called the “Inclusive Framework”. The rationale of this coordinated effort lies in the attempt to contrast the use of low-tax jurisdictions and regulatory loopholes in the corporate ..read more
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International Investment Arbitration of Renewables: Spain Tilting at Windmills
Cambridge International Law Journal » Public International Law
by Pedro Aranguez Diaz
9M ago
On 24 May 2023, Justice Fraser issued a comprehensive judgment in Infrastructure Services Luxembourg v Kingdom of Spain, rejecting Spain’s defences to the enforcement and recognition in the UK of an ICSID award against Spain.  The enforcement and recognition of intra-EU ICSID awards against Spain in non-EU jurisdictions have been the subject of extensive controversy. In Australia, the High Court judgment of 12 April 2023 ruled against Spain. In the United States, the courts are split, with a US District Court Order of 29 March 2023 in favour of Spain contradi ..read more
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Symposium on Decoding Maldives’ Foreign Investment and Arbitration Law Regime: Examining ICSID as a Maldivian Solution
Cambridge International Law Journal » Public International Law
by Nizamuddin Ahmad Siddiqui and Jamshed Ahmad Siddiqui
9M ago
The Maldives is an island nation having around 5,40,000 people and dispersed across 185 islands. The country has been a development success enjoying robust growth coupled with considerable development of the country’s infrastructure and connectivity. It has also provided high-quality and affordable public services for its people, resulting in impressive health and education indicators, with a literacy rate approaching 100% and a life expectancy of over 78 years. Tourism is the main driver of economic growth, fiscal revenues, and foreign exchange earnings for the country. The country ..read more
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