jurisdiction

Da Silva v Brazil Iron. High Court, applying the Court of Appeal’s approach in Limbu v Dyson and with emphasis on the possibility to obtain substantial justice, rejects suggestion of ‘judicial colonialism’, accepts jurisdiction in Brasilian mining pollution case. – Go Health Pro

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Da Silva v Brazil Iron. High Court, applying the Court of Appeal’s approach in Limbu v Dyson and with emphasis on the possibility to obtain substantial justice, rejects suggestion of ‘judicial colonialism’, accepts jurisdiction in Brasilian mining pollution case. – Go Health Pro

In my contribution to the EAPIL online seminar discussing Ekatarina Aristova’s excellent Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (OUP 2024), I flagged the discussion by Dr Aristova in Chapter 6 of the book, of one of the objections to jurisdiction exercised by ‘European’ or by extension courts in the Global North, … Read more

“No safe haven” is not enough – universal jurisdiction and Russia’s war of aggression – EJIL: Talk! – Go Health Pro

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“No safe haven” is not enough – universal jurisdiction and Russia’s war of aggression – EJIL: Talk! – Go Health Pro

Three years after Russia began its full-scale invasion of Ukraine, the widespread activation of universal and other forms of extraterritorial jurisdiction to prosecute international crimes committed in the war calls for an evaluation. What has been achieved so far and what could be done better? Despite the stated commitment of Ukraine’s allies to complement the … Read more

Coastal State Jurisdiction in the Territorial Sea and the Protection of People on Board Foreign-Flagged Vessels – EJIL: Talk! – Go Health Pro

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“No safe haven” is not enough – universal jurisdiction and Russia’s war of aggression – EJIL: Talk! – Go Health Pro

Today—the 10th of December—is an important day for international law. First, on 10 December 1982, the United Nations Convention of the Law of the Sea (UNCLOS) was adopted in Montego Bay, Jamaica. Among other things, the UNCLOS governs the innocent passage regime, which codifies and stabilises the delicate balance struck between the interests of coastal … Read more

finding of exclusive jurisdiction in ISDA Master Agreement, rejection of ultra vires arguments and an unlikely prima facie resurrection of pre-EU membership bilateral conventions. – gavc law – geert van calster – Go Health Pro

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finding of exclusive jurisdiction in ISDA Master Agreement, rejection of ultra vires arguments and an unlikely prima facie resurrection of pre-EU membership bilateral conventions. – gavc law – geert van calster – Go Health Pro

Dexia v Patrimonio del Trentino [2024] EWHC 2717 (KB) echoes Banca Intesa v Venezia  in some of its main issues. It features capacity of foreign corporations to enter into legal transaction, relevance of lex incorporationis, validity of choice of court clause, and the impact of Brexit, with the judge prima facie accepting resurrection of the … Read more

A “Democratic Exception” to ICC Jurisdiction – Verfassungsblog – Go Health Pro

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A “Democratic Exception” to ICC Jurisdiction – Verfassungsblog – Go Health Pro

The Law and Politics of Double Standards On 21 November 2024, the International Criminal Court issued arrest warrants for the Israeli Prime Minister and the former Minister of Defence, for alleged crimes against humanity and war crimes in the ongoing Israel-Gaza War. Equally contentious was the response of leading Western states – including Germany and … Read more

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