The Army Strikes Towards the Houthis in Yemen and the ‘Fourth Drawback’ of Necessity and Proportionality – EJIL: Discuss! – Model Slux

The Army Strikes Towards the Houthis in Yemen and the ‘Fourth Drawback’ of Necessity and Proportionality – EJIL: Discuss! – Model Slux

Just a few days in the past Leonie Brassat printed a superb piece on EJIL Discuss! which mentioned the potential authorized bases upon which the present army strikes towards the Houthis within the Crimson Sea and Yemen could be positioned. The piece centered on the correct of self-defence and set out ‘three issues’ which have … Read more

A touch upon Elliott Associates v. Korea   – EJIL: Discuss! – Model Slux

The Army Strikes Towards the Houthis in Yemen and the ‘Fourth Drawback’ of Necessity and Proportionality – EJIL: Discuss! – Model Slux

Public pension funds (PPFs), which can be outlined as massive pool of capital owned and managed instantly or not directly by governments to finance public pension techniques (see OECD), are lately named “essentially the most influential capital on the planet” – a November 2023 examine by Pondering Forward Institute reported that PPFs make up 52.8% of the world’s largest 100 asset homeowners, bigger than the belongings beneath administration of sovereign wealth funds (SWFs) (On the distinction between each types of state-owned funding automobiles, see right here). International SWF already noticed in 2021 that PPFs “have gained in significance and exercise to such an extent that they’re as we speak related in behaviour to SWFs”. It’s thus not surprising that PPFs will begin getting concerned in transnational dispute settlement proceedings and appeal to scrutiny with respect to their company identification and their formal ties with the state, as has been the case with SWFs (see right here and right here). Notably, in June 2023, an UNCITRAL tribunal interpreted the Funding Chapter of the 2007 Korea-US Free Commerce Settlement (KORUS) to permit the US hedge fund Elliott Associates to sue the Republic of Korea for the business determination of a Korean PPF in reference to a 2015 merger tainted by corruption on the highest governmental degree.

This weblog submit examines a contentious facet of the Elliott Associates v. Korea Award, i.e., whether or not the train of shareholder voting rights by Korea’s Nationwide Pension Service (NPS) within the context of a merger vote certified as “measures adopted or maintained by” Korea beneath KORUS. The tribunal dominated that NPS was a de facto state organ, and its actions have been subsequently “attributable to the Korean state”. This reasoning underpinned the tribunal’s train of jurisdiction over an basically intercompany dispute arising from a business act, which arguably broadened the treaty’s protection. Key to this end result was the tribunal’s conflation of attribution assessments beneath KORUS and regulation of state accountability with out clear justification. The award is presently topic to set-aside proceedings in the UK, exactly on the correctness of the tribunal’s discovering on subject-matter jurisdiction. Moreover, Korea is going through a separate, ongoing UNCITRAL arbitration introduced by one other US hedge fund additionally arising from NPS’s actions in the identical merger vote, making this evaluation timelier than ever.

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A Sport-Changer in EU Help to Ukraine? – EJIL: Speak! – Model Slux

The Army Strikes Towards the Houthis in Yemen and the ‘Fourth Drawback’ of Necessity and Proportionality – EJIL: Discuss! – Model Slux

After some 9 months of intense diplomatic negotiations, the Ukraine Help Fund (UAF) has lastly discovered its place within the EU authorized framework. A political settlement was reached at ambassadorial degree in COREPER on 13 March, and EU Overseas Ministers formally finalised it within the type of a Council Determination on the Overseas Affairs Council on 18 March 2024 (right here). This publish goals to know the authorized options of the brand new fund within the context of EU help to Ukraine, with the intention to make clear its goal contribution to the EU’s response to Russia’s unlawful invasion of Ukraine and the development of a extra supranational Widespread Overseas and Safety Coverage (CFSP).

The Ukraine Help Fund is a particularly developed envelope value 5 billion throughout the present European Peace Facility (EPF) to step up the EU’s army help to Ukraine to a brand new, subsequent section. Because the Excessive Consultant identified, the consensus on this new monetary part confirms the EU’s unwavering help for Ukraine for so long as it takes: ‘The message is evident: we’ll help Ukraine with no matter it takes to prevail’ (right here). Technically, the UAF isn’t due to this fact a brand new EU instrument to be added to the CFSP toolbox. Moderately, it’s designed as a ‘devoted quantity’ to help the Ukrainian Armed Forces in defending its residents and regaining territorial sovereignty in opposition to Russia’s unlawful invasion of Ukraine, which just lately celebrated its second anniversary.

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On UNRWA, Palestine Refugees, and Worldwide Regulation – EJIL: Discuss! – Model Slux

The Army Strikes Towards the Houthis in Yemen and the ‘Fourth Drawback’ of Necessity and Proportionality – EJIL: Discuss! – Model Slux

Previously month, among the main donors to the UN Reduction and Works Company for Palestine Refugees within the Close to East (UNRWA) introduced they have been suspending funding to the company over allegations that a few of its staff have been concerned within the 7 October assaults (right here, right here, and right here). This … Read more

Plea Negotiations in Worldwide Prison Legislation – Classes from Colombia’s Particular Jurisdiction for Peace – EJIL: Discuss! – Model Slux

The Army Strikes Towards the Houthis in Yemen and the ‘Fourth Drawback’ of Necessity and Proportionality – EJIL: Discuss! – Model Slux

Victims are probably the most affected individuals in contexts of mass violence, but they are typically probably the most unheard when worldwide justice arrives. The procedural design of worldwide courts and tribunals, are likely to focus their work on the function of prosecutors and the protection, largely ignoring the pursuits of victims. This has led … Read more

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