International Law – LSE Law Review Blog

In Doctrinal Limbo: Enforcing Annulled Arbitral Awards Under the New York Convention

Abstract Article V(1)(e) of the New York Convention appears to preserve a margin of discretion for courts of contracting states to refuse the enforcement of an arbitral award if it has been annulled at the court of the seat of arbitration. It does so, however, without further guidance as to when this discretion should be […]

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A Look at the ICC’s Philippines Decision: Is a Preliminary Examination enough for the Court to retain jurisdiction?

Abstract This article aims to build a case in favour of the minority decision in the ICC’s Philippines judgment. The decision has been a source of contention amongst international law scholars, and various reasons have been provided for both a wide and restricted interpretation of Article 127 of the Rome Statute. This article aims to

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Revisiting the International Court of Justice’s Treatment of Non-Geographical Factors in Maritime Delimitation Cases: Somalia v Kenya as a Magnifying Glass

Leave a Comment / Gillian Choy, International Law / LSE Law Review

Introduction In contentious maritime disputes, the International Court of Justice uses a ‘three-stage’ approach to delineate maritime boundaries. This comprises (a) the drawing of a provisional equidistance line; (b) a consideration of ‘relevant circumstances’ which call for the adjustment of this line to achieve an equitable result; and (c) the establishment of a disproportionality test

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Reassessing Nottebohm in an Era of Global Mobility

1 Comment / International Law, Jan Młynarczyk / LSE Law Review

Abstract Despite heavy criticism, the ‘genuine link test’ for assessing the bindingness of a conferral of citizenship on third States, devised by the International Court of Justice in the 1955 case of Nottebohm, still influences the approaches to naturalisation worldwide. This article analyses the implications of the judgment in the age of unprecedented global mobility.

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The European Court of Justice’s Judgement in Joined Cases C-37/20 and C-601/20: A Set-Back for Transparency or a Justified Restoration of Rights?

Leave a Comment / International Law, Jackie Veeger, Recent Posts / LSE Law Review

Abstract: This article provides a case commentary on the European Court of Justice’s recent judgment in the joined cases of C-37/20 and C-601/20. In this ruling, the ECJ held that the 4th and 5th Anti-Money Laundering Directives, underpinning the implementation of beneficial ownership registers in the European Union Member States, are in breach of Articles

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Is the grass polluted on the other side? An analysis of liability for environmental damage under Regulation 864/2007 (‘Rome II’)

Leave a Comment / Emmanouela Yiannoudakou, International Law / LSE Law Review

Introduction Environmental deterioration is omnipresent, its urgency only increasing by the day.1 The European Union has responded to this crisis by placing the goal of environmental preservation at the very heart of all its policies, as enshrined in Article 11 of the Treaty on the Functioning of the European Union. One such case is the Rome

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Two Steps Forward, Three Steps Back: GATT Article III:4 and proposals for reform

Leave a Comment / Aoife McCormick, International Law / LSE Law Review

In 2020, the United States Trade Representative released a report on the WTO Appellate Body in which it criticised the Appellate Body’s approach to the non-discrimination standard under GATT Article III:4. The WTO dispute settlement bodies employ a two-step market based test. In its current form, the two-step model allegedly fails to strike an appropriate

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Sinkova v Ukraine: A Threat to Freedom of Expression in Democratic Society?

Leave a Comment / Amadea Hofmann, International Law / LSE Law Review

Sinkova v Ukraine is an ECtHR case concerning Anna Sinkova’s conviction for frying eggs over the Eternal Flame at the Tomb of the Unknown Soldier in Ukraine. This article argues against the majority’s judgment that Sinkova’s Article 10 right to freedom of expression had not been violated, ultimately finding that it was based on deficient

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The incorporation of the Genocide Convention in France and the UK: a grudging fight against impunity

1 Comment / Chakée Adjemian, Criminal Law, International Law / LSE Law Review

Abstract The incorporation of an international convention into national law plays a central part in its effectiveness at the domestic level. This becomes increasingly crucial in the field of international crimes governed by the International Criminal Court (ICC), such as genocide, where States have primary jurisdiction for the prosecution of criminals. Without adequate legislation, States

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