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Displaying 1 to 5 of 5 |
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| 1. |
Lemeiguran and ors v Attorney General of Kenya and ors, First instance (by way of Originating Summons), Misc Civil App No
305 of 2004; ILDC 698 (KE 2006); (2006) eKLR, 18 December 2006
Module: Oxford Reports on International Law in Domestic Courts
Keyword(s): Democracy – Human rights, civil and political rights – Human rights, right to non-discrimination – Indigenous peoples – Minorities, rights
Core issue(s): 1. Whether the IL Chamus were an indigenous people.
2. Whether the IL Chamus’ rights to political participation and representation, to choose a candidate of their choice, and freedom
of conscience and expression were violated by the Kenyan Government.
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| 2. |
Armed Activities on the Territory of the Congo, Democratic Republic of the Congo v Uganda, Judgment, Merits, General List
No 116; ICGJ 31 (ICJ 2005), 19 December 2005
Module: Oxford Reports on International Courts of General Jurisdiction
Keyword(s): Aggression – Armed conflict – Armed conflict, international – Diplomatic relations – Human rights – International humanitarian law – International humanitarian law, principle of distinction – International humanitarian law, protected persons and property – Natural resources – Occupation – Self-defence – Sovereignty – Treaties, breach – Use of force
Core issue(s): 1. Whether Ugandan military presence and action on the border regions of eastern Congo was an act of self-defence, was consented
to by the Democratic Republic of the Congo (‘DRC’), or was an unlawful military intervention constituting a violation of the
prohibition on use of force expressed in Article 2(4) of the Charter of the United Nations.
2. Whether and to what extent Uganda was an occupying power within areas of the DRC, and if so, what obligations attached to
Uganda as an occupying power.
3. Whether the Court was precluded from adjudicating on whether Uganda's conduct in Kisangani was a violation of international
law without the presence of Rwanda, despite the fact that the interests of Rwanda did not constitute ‘the very subject–matter’
of the decision to be rendered by the Court.
4. Whether Uganda was responsible for international human rights and humanitarian law violations and illegal exploitation of
natural resources during its military presence within the DRC, and if so, what the legal consequences were.
5. Whether Uganda's counter–claims regarding the alleged support of anti–Ugandan rebel groups by the DRC and its predecessor,
Zaire, were admissible given the long duration between the occurring events and the claim.
6. Whether the DRC violated the Vienna Convention on Diplomatic Relations when it entered a Ugandan embassy and mistreated Ugandan
diplomats and nationals on its premises, and if so, what the legal consequences were.
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| 3. |
Salini Costruttori SpA and Italstrade SpA v Jordan, Decision on Jurisdiction, ICSID Case No ARB/02/13; IIC 207 (2004), 15 November 2004
Module: Oxford Reports on International Investment Claims
Keyword(s): Claims – Contract claims – Treaty claim – Umbrella clause – Jurisdiction of arbitral tribunals – Consent to jurisdiction – Consent to jurisdiction through treaties – Standard of review – Time limitations (and jurisdiction) – Standards of treatment – Most-favoured-nation, jurisdictional matters – Most-favoured-nation, procedural matters – Non-discrimination – Treaties, interpretation – Preliminary proceedings – Parallel proceedings – Attribution – Investment
Core issue(s): 1. What the effect of a forum selection clause was in the contract.
2. What the distinction was between contract claims and treaty claims.
3. Whether an umbrella clause in a BIT transformed a contract claim into a treaty claim.
4. Whether a breach of contract could amount to a breach of the BIT.
5. Whether an MFN clause could apply to dispute settlement provisions.
6. Whether a BIT applied to disputes that arose prior to its entry into force.
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| 4. |
Prosecutor v Milošević, Decision on Preliminary Motions, Case No IT–02–54–PT ICTY; ICL 75 (ICTY 2001), 08 November 2001
Module: Oxford Reports on International Criminal Law
Keyword(s): International courts and tribunals, jurisdiction – Customary international law – Detention – Heads of state – International criminal law, procedure – UN (United Nations) – Immunity from jurisdiction
Core issue(s): Whether Article 7(2) of the Statute of the International Criminal Tribunal for the former Yugoslavia, was reflective of a
norm of customary international law at the time relevant to the indictment.
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| 5. |
Lawless v Ireland (No 3), Judgment, Merits, App no 332/57; Series A no 3; IHRL 1 (ECHR 1961), 01 July 1961
Module: Oxford Reports on International Human Rights Law
Keyword(s): Human rights, civil and political rights – Human rights, rights of persons deprived of their liberty – Human rights, derogations
Core issue(s): 1. Whether the detention of Lawless was a violation of Articles 5, 6 and 7 of the Convention for the Protection of Human Rights
and Fundamental Freedoms.
2. If a violation did occur, whether this was permitted by the derogation entered by Ireland in accordance with Article 15.
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