Talk

A Self-Defence Approach Complementary to Law Enforcement – EJIL: Talk! – Go Health Pro

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A Self-Defence Approach Complementary to Law Enforcement – EJIL: Talk! – Go Health Pro

Combating sabotage of submarine cables and pipelines is first and foremost a matter of law enforcement. The problem is that the international law of the sea, as traditionally understood, does not provide coastal States with sufficient authority to effectively respond to sabotage activities beyond their territorial waters (for an in-depth discussion, see here). The European … Read more

How the Armenian Civil Code Sank a $331 Million Claim – EJIL: Talk! – Go Health Pro

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A Self-Defence Approach Complementary to Law Enforcement – EJIL: Talk! – Go Health Pro

Can a three-year deadline in Armenia’s Civil Code derail a $331 million investment arbitration? The recent ICSID award in Rasia FZE and Joseph K. Borkowski v. Republic of Armenia says yes, exposing a critical spot in investor-state dispute settlement (ISDS): the quiet power of domestic law to strangle investment claims.

The dispute stemmed from a grand infrastructure project, a North-South railway corridor meant to link the Persian Gulf to the Black Sea via Armenia. In 2012, Armenia signed two Concession Agreements with Rasia FZE, a Dubai-based investment vehicle, to conduct feasibility studies and project development. The Claimants asserted Armenia subsequently: (1) abruptly withdrew political backing; (2) failed to provide promised support; and (3) engaged with competing investors, actions they claimed constituted both contractual breaches and violations of the US–Armenia BIT’s FET guarantees. Joseph K. Borkowski, Rasia’s US-national CEO, joined the arbitration seeking $331 million for the project’s collapse.

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The Legal Development in Sweden as a Case in Point – EJIL: Talk! – Go Health Pro

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A Self-Defence Approach Complementary to Law Enforcement – EJIL: Talk! – Go Health Pro

Introduction

Legal developments in several countries — Sweden among them — point to a growing willingness by governments to tighten the conditions for acquiring citizenship and, more critically, to limit its protections. Ultimately, such measures risk creating or exacerbating statelessness. A recent Swedish government inquiry, proposing a constitutional amendment that would allow for the revocation of citizenship, is a case in point. But what does it mean to be stateless? Despite its relevance, statelessness remains surprisingly vague in both legal and political discourse. In Sweden, the current view appears to be overly formal: statelessness is narrowly defined as the lack of citizenship. However, statelessness can also be understood as a condition. The overly formal approach therefore risks substantial rights deprivations for individuals affected. Both the concept and the legal status of being stateless deserve more critical attention in legislative debates and in legal doctrine.

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Holding the Leadership of the Islamic Republic of Iran Accountable for International Crimes in Syria – EJIL: Talk! – Go Health Pro

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A Self-Defence Approach Complementary to Law Enforcement – EJIL: Talk! – Go Health Pro

Following the fall of the Assad regime, calls for accountability for international crimes committed under Assad’s rule are gaining momentum. These calls have particularly focused on the brutal crackdown on protests that began in March 2011 and escalated into one of the bloodiest non-state armed conflicts in recent history. The final statement of Syria’s national … Read more

Pitfalls and Solutions to the Annulment Procedure of PMAC Arbitral Awards – EJIL: Talk! – Go Health Pro

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A Self-Defence Approach Complementary to Law Enforcement – EJIL: Talk! – Go Health Pro

This article discusses the newly established Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC), highlights certain issues about the judicial review of PMAC arbitral awards in annulment proceedings, and suggests three workarounds.

The PMAC was established in 2023 by the Agreement on a Unified Patent Court (UPCA) and it is expected to become fully operational by early 2026. Being the output of the enhanced cooperation among 17 EU Member States, the UPCA is not an EU legal instrument; it is an international treaty instead.

PMAC’s objective is the administration of patent mediations and arbitrations falling wholly or in part within the competence of the UPC, which is entrusted with the resolution of disputes on classical European patents and European patents with unitary effect.

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