Latest news
19 October 2012
After two years of difficult proceedings, a German Court in Hamburg held 10 Somali nationals responsible for extortionate kidnapping and attacking sea transportation under German criminal law. The Somalis had hijacked the German freighter Taipan in 2010, which was freed by Dutch special forces. The process raises questions as to the appropriate legal framework to address issues of modern piracy.
Source: Sky News | Germany convicts seven Somali pirates
Source: Der Spiegel | Urteil im Hamburger Piratenprozess
17 October 2012
Recent events have increased the tension between Syria and Turkey. More than a week ago, Turkey retaliated after Syria shelled a Turkish border town and killed five Turkish civilians. Days later, the Turkish parliament approved a motion allowing for military action against Syria in case it proves to be necessary. Last week, Turkish jets forced a Syrian airplane on its way from Moscow to land. Turkey claims to have found Russian munition on board this airplane. Saturday, Syria announced a ban on all Turkish aircraft entering its airspace. Yesterday, Turkey followed suit with a similar ban of Syrian aircraft in its airspace.
Source: New York Times | As Tension Escalates, Turkey Issues a Ban on All Syrian Aircraft
Source: BBC | Underlying tensions in Turkey-Syria stand-off
16 October 2012
The European Union (EU) is to impose new sanctions on Iran for its lack of cooperation in disclosing details about its nuclear program, which is suspected to be used as a cover for the development of nuclear weapons. The sanctions will likely include a ban of financial transactions between European and Iranian banks and certain trade bans. They follow earlier sanctions imposed by both the United States and the EU.
Source: BBC | EU imposes new sanctions on Iran
8 October 2012
On 5 October, the tribunal in Occidental Petroleum Corporation and Occidental Exploration and Production Company v. The Republic of Ecuador, ICSID Case No. ARB/06/11 issues its final award.
The tribunal awarded Occidental about $1.77 billion, having found both expropriation and breach of the duty of fair and equitable treatment. That sum reflected a 25% reduction on account of contributory negligence by Occidental.
The Tribunal found that “it is not any contribution by the injured party to the damage which it has suffered which will trigger a finding of contributory negligence. The contribution must be material and significant. In this regard, the Tribunal has a wide margin of discretion in apportioning fault.” (para. 670)
Source: Investment Treaty Arbitration | Occidental Petroleum Corporation and Occidental Exploration and Production Company v. The Republic of Ecuador, ICSID Case No. ARB/06/11
27 September 2012
On 24 September 2012, the High-level Meeting on the Rule of Law at the National and International Levels, taking place at the 67th session of the United Nations General Assembly (UNGA), adopted the Declaration of the High-level Meeting of the 67th Session of the General Assembly on the rule of law at the national and international levels. The Document reaffirms the ‘commitment to the rule of law and its fundamental importance for political dialogue and cooperation among all States’.
Paragraph 24 of the Declaration emphasizes the ‘importance of strengthened international cooperation, based on the principles of shared responsibility, and in accordance with international law, in order to dismantle illicit networks and counter the world drug problem and transnational organized crime, including money laundering, trafficking in persons, trafficking in arms and other forms of organized crime, all of which threaten national security and undermine sustainable development and the rule of law.’
Source: UNGA | Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels