scope

A Threat to Justiciability for Scope 3 Emissions – EJIL: Talk! – Go Health Pro

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A Threat to Justiciability for Scope 3 Emissions – EJIL: Talk! – Go Health Pro

Introduction On November 12, 2024, the Hague Court of Appeal overturned the judgment of the Hague District Court in Milieudefensie et al. v. Shell. While some elements of the legal reasoning remained aligned with the District Court’s decision there were notable shifts. For instance, the Court of Appeal reaffirmed that Shell has a responsibility to … Read more

Reciprocity and the temporal scope of jurisdictional clauses in erga omnes partes proceedings? – EJIL: Talk! – Go Health Pro

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A Threat to Justiciability for Scope 3 Emissions – EJIL: Talk! – Go Health Pro

On 12 November 2024, the ICJ released it judgment on preliminary objections in the Azerbaijan v Armenia. As the parallel case of Armenia v Azerbaijan, it invokes alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and is based on the compromissory clause in Art 22 CERD. Although lodged following the Second Nagorno-Karabakh War between the two parties, Azerbaijan alleges violations dating back to the 1990s (the First Nagorno-Karabakh War). In that context, the Court had to examine the limits of its temporal scope of jurisdiction in the context of obligations erga omnes partes. More specifically, Armenia contended that the Court lacked jurisdiction over conduct during a period when Armenia already was a party to CERD, but Azerbaijan was not (between 23 July 1993 and 15 September 1996). Thus, it revolved around whether Azerbaijan could (at least in parallel (see below) on an erga omnes partes basis) demand compliance with treaty obligations to which it was itself not yet bound. The Court upheld this (first) preliminary objection, basing itself on ‘the principles of reciprocity and equality of States’. In doing so, it infused the doctrine of erga omnes partes with bilateralist structures.

Presumption of temporal flexibility for jurisdictional clauses

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Medeon Sarl v Siem Industries S.A. A good illustration of the limited scope for refusal of recognition of UK judgments covered by the Hague Choice of Court Convention, post Brexit. – Go Health Pro

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Medeon Sarl v Siem Industries S.A. A good illustration of the limited scope for refusal of recognition of UK judgments covered by the Hague Choice of Court Convention, post Brexit. – Go Health Pro

Many thanks to Marta Pertegás for flagging Medeon Sarl v Siem Industries S.A. ECLI:NL:GHDHA:2024:1248, in which the Gerechtshof Den Haag (upon appeal in summary proceedings) confirmed recognition and enforcement of a High Court (London) default order for payment. Exclusive choice of court for the English courts had been made by the parties in a Bond … Read more

CfE Scope of Litigation underneath the UNCLOS; Authorized Training Throughout Armed Battle Webinar; CfA European Yearbook of Worldwide Financial Regulation – EJIL: Discuss! – Go Well being Professional

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A Threat to Justiciability for Scope 3 Emissions – EJIL: Talk! – Go Health Pro

1. Name for Expression of Curiosity – Convention: The Scope of Litigation underneath the UNCLOS. The Judicial Jurisdiction Challenge – a joint venture of the Netherlands Institute for the Regulation of the Sea (NILOS) and the Utrecht College Centre for Water, Oceans and Sustainability Regulation (UCWOSL) at Utrecht College Faculty of Regulation – invitations expressions of curiosity for participation within the upcoming convention, “The Scope of Litigation underneath the UNCLOS – The place Are We Now and The place Could We Be Going?”. This in-person convention will likely be held in Utrecht on 21 – 22 November 2024. For extra particulars on this system and registration, see right here.

2. Authorized Training Throughout Armed Battle: Reside Webinar. The upcoming webinar on “Authorized Training Throughout Armed Battle” will discover how armed battle impacts authorized training and the way we will proceed to show legislation college students about justice, respect for variety, and the rule of legislation in environments the place rights are restricted, and significant voices are sometimes silenced attributable to war-induced intimidation, nationalism, worry, and trauma. Authorized educators and clinicians will share their private experiences addressing these challenges. Date: 23 September 2024. Time: 14:00 – 17:30 native Israel time (13:00 – 16:30 CET, 07:00 – 10:30 ET, 16:30 – 20:00 IST). See right here for registration  or go to this web site.

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