In its 75th ordinary session, the African Commission on Human and Peoples’ Rights (ACHPR, or Commission), the human rights organ of the African Union, with a mandate to promote and protect human and peoples’ rights and interpret the African Charter on Human and Peoples’ Rights, unanimously adopted the African Guiding Principles on the Human Rights of Migrants, Refugees and Asylum Seekers (Guiding Principles). They were publicly launched by the Commission at its 77th ordinary session on October 21, 2023. The drafting was led by the Commission's Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons, and Migrants in Africa. The thirty-eight Guiding Principles are based largely on African regional treaty law, case law, standards, and resolutions of the Commission and also draw from complementary international law. In addition, the Guiding Principles draw from the experience of other world regions, including adoption by the Inter-American Commission on Human Rights (the human rights organ of the Organization for American States) of the 2019 Inter-American Principles on the Human Rights of All Migrants, Refugees, Stateless Persons, and Victims of Human Trafficking.
{"title":"The African Guiding Principles on the Rights of Migrants, Refugees and Asylum Seekers (Afr. Comm'n H.P.R.)","authors":"Luwam Dirar, Ian M. Kysel, Fatma Raach","doi":"10.1017/ilm.2024.11","DOIUrl":"https://doi.org/10.1017/ilm.2024.11","url":null,"abstract":"In its 75th ordinary session, the African Commission on Human and Peoples’ Rights (ACHPR, or Commission), the human rights organ of the African Union, with a mandate to promote and protect human and peoples’ rights and interpret the African Charter on Human and Peoples’ Rights, unanimously adopted the African Guiding Principles on the Human Rights of Migrants, Refugees and Asylum Seekers (Guiding Principles). They were publicly launched by the Commission at its 77th ordinary session on October 21, 2023. The drafting was led by the Commission's Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons, and Migrants in Africa. The thirty-eight Guiding Principles are based largely on African regional treaty law, case law, standards, and resolutions of the Commission and also draw from complementary international law. In addition, the Guiding Principles draw from the experience of other world regions, including adoption by the Inter-American Commission on Human Rights (the human rights organ of the Organization for American States) of the 2019 Inter-American Principles on the Human Rights of All Migrants, Refugees, Stateless Persons, and Victims of Human Trafficking.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"83 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140964448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On September 1, 2023, the Standing Committee of the National People's Congress promulgated the Foreign State Immunity Law of the People's Republic of China (FSIL), which entered into force on January 1, 2024. The law abandons China's prior adherence to the absolute theory of state immunity and instead adopts the restrictive theory followed by most other countries. Under the restrictive theory, foreign states are immune from suits based on their governmental acts (acta jure imperii) but are subject to suits based on their non-governmental acts (acta jure gestionis).
{"title":"Foreign State Immunity Law of the People's Republic of China","authors":"William S. Dodge","doi":"10.1017/ilm.2024.5","DOIUrl":"https://doi.org/10.1017/ilm.2024.5","url":null,"abstract":"On September 1, 2023, the Standing Committee of the National People's Congress promulgated the Foreign State Immunity Law of the People's Republic of China (FSIL), which entered into force on January 1, 2024. The law abandons China's prior adherence to the absolute theory of state immunity and instead adopts the restrictive theory followed by most other countries. Under the restrictive theory, foreign states are immune from suits based on their governmental acts (acta jure imperii) but are subject to suits based on their non-governmental acts (acta jure gestionis).","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":" 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140221482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This case addressed irregularities in the investigation of the death of Digna Ochoa y Plácido on October 19, 2001. The petition alleged that her death occurred in the context of harassment and attacks against human rights defenders in Mexico. The Inter-American Commission of Human Rights (the Commission) found that the state was responsible for violations of rights related to judicial protection and judicial guarantees under Articles 8(1) and 25 and personal integrity under Article 5 of the American Convention on Human Rights (ACHR).
{"title":"Case of Digna Ochoa & Family Members v. Mex. (Inter-Am. Ct. H.R.)","authors":"Connie de la Vega","doi":"10.1017/ilm.2023.57","DOIUrl":"https://doi.org/10.1017/ilm.2023.57","url":null,"abstract":"This case addressed irregularities in the investigation of the death of Digna Ochoa y Plácido on October 19, 2001. The petition alleged that her death occurred in the context of harassment and attacks against human rights defenders in Mexico. The Inter-American Commission of Human Rights (the Commission) found that the state was responsible for violations of rights related to judicial protection and judicial guarantees under Articles 8(1) and 25 and personal integrity under Article 5 of the American Convention on Human Rights (ACHR).","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"47 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140231631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Yegiazaryan v. Smagin represents a landmark case within the Supreme Court's (SCOTUS) jurisdiction, revolving around a contractual dispute between John Yegiazaryan and Alex Smagin. The legal intricacies unfolded when Smagin sought to enforce a multimillion-dollar arbitration award against Yegiazaryan in California under the New York Convention. The district court's asset freeze faced complications as Yegiazaryan, residing in California, received an unrelated arbitration award and attempted to evade the freeze. In response, Smagin invoked the Racketeer Influenced and Corrupt Organizations Act (RICO), alleging a coordinated effort to obstruct the collection of the arbitration judgment. The case stands as a pivotal legal milestone marked by complexities and jurisdictional challenges.
Yegiazaryan 诉 Smagin 案是最高法院（SCOTUS）管辖范围内的一个里程碑式的案件，围绕着 John Yegiazaryan 和 Alex Smagin 之间的合同纠纷展开。当 Smagin 寻求根据《纽约公约》在加利福尼亚州执行针对 Yegiazaryan 的数百万美元仲裁裁决时，错综复杂的法律问题随之展开。地区法院的资产冻结面临着复杂的情况，因为居住在加利福尼亚州的 Yegiazaryan 收到了一项无关的仲裁裁决，并试图逃避冻结。作为回应，Smagin 援引了《受黑客影响及腐败组织法》（RICO），指控有人协同阻挠仲裁裁决的执行。该案是一个关键的法律里程碑，具有复杂性和管辖权挑战性。
{"title":"Yegiazaryan v. Smagin (U.S. Sup. Ct.)","authors":"Juan Pablo Gómez-Moreno","doi":"10.1017/ilm.2023.58","DOIUrl":"https://doi.org/10.1017/ilm.2023.58","url":null,"abstract":"Yegiazaryan v. Smagin represents a landmark case within the Supreme Court's (SCOTUS) jurisdiction, revolving around a contractual dispute between John Yegiazaryan and Alex Smagin. The legal intricacies unfolded when Smagin sought to enforce a multimillion-dollar arbitration award against Yegiazaryan in California under the New York Convention. The district court's asset freeze faced complications as Yegiazaryan, residing in California, received an unrelated arbitration award and attempted to evade the freeze. In response, Smagin invoked the Racketeer Influenced and Corrupt Organizations Act (RICO), alleging a coordinated effort to obstruct the collection of the arbitration judgment. The case stands as a pivotal legal milestone marked by complexities and jurisdictional challenges.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"18 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Congress recently enacted significant reforms to the laws governing the reporting and publication of international agreements in the United States. These reforms were adopted in December 2022 and took effect in September 2023, and the State Department issued regulations implementing them in early October 2023.
{"title":"Amendments to the Case-Zablocki Act Concerning Reporting and Publication of International Agreements and Related Regulations (U.S.)","authors":"Curtis Bradley","doi":"10.1017/ilm.2023.54","DOIUrl":"https://doi.org/10.1017/ilm.2023.54","url":null,"abstract":"Congress recently enacted significant reforms to the laws governing the reporting and publication of international agreements in the United States. These reforms were adopted in December 2022 and took effect in September 2023, and the State Department issued regulations implementing them in early October 2023.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139626590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The United Nations General Assembly adopted the United Nations Convention on the International Effects of Judicial Sales of Ships at its 47th plenary meeting on December 7, 2022 (the Convention). Known as the “Beijing Convention on the Judicial Sale of Ships,” the Convention opened for signature at a ceremony held in Beijing, PRC, on September 5, 2023. By its terms, the Convention will enter into force 180 days after the date that it is ratified, accepted, approved, or otherwise acceded to by at least three states. With strong backing from the maritime community, it is expected that the Convention will enter into force by 2024.
{"title":"Convention on the Int'l Effects of Judicial Sales of Ships (U.N.)","authors":"John E. Bradley","doi":"10.1017/ilm.2023.44","DOIUrl":"https://doi.org/10.1017/ilm.2023.44","url":null,"abstract":"The United Nations General Assembly adopted the United Nations Convention on the International Effects of Judicial Sales of Ships at its 47th plenary meeting on December 7, 2022 (the Convention). Known as the “Beijing Convention on the Judicial Sale of Ships,” the Convention opened for signature at a ceremony held in Beijing, PRC, on September 5, 2023. By its terms, the Convention will enter into force 180 days after the date that it is ratified, accepted, approved, or otherwise acceded to by at least three states. With strong backing from the maritime community, it is expected that the Convention will enter into force by 2024.","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"19 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138980109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Justice for Victims of War Crimes Act (U.S.) – CORRIGENDUM","authors":"A. R. Pearlman","doi":"10.1017/ilm.2023.48","DOIUrl":"https://doi.org/10.1017/ilm.2023.48","url":null,"abstract":"","PeriodicalId":212220,"journal":{"name":"International Legal Materials","volume":"14 2","pages":"1118 - 1118"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139189499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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