Postdoc in International Law, University of Milan // PhD, University of Padua | all things inter-State dispute settlement, int'l procedural law, human rights future generations and IL, sustainable development :)
A way out: friendly settlements re Article 39 could serve as an 'exit strategy' in this context, akin to the situation in Denmark v Turkey, where the settlement agreement included non-pecuniary measures such as formal apologies and ex gratia compensation for the individual's benefit.
March 7, 2025 at 4:18 PM
A way out: friendly settlements re Article 39 could serve as an 'exit strategy' in this context, akin to the situation in Denmark v Turkey, where the settlement agreement included non-pecuniary measures such as formal apologies and ex gratia compensation for the individual's benefit.
b) if the case is considered admissible, difficulties may arise regarding the methodology for 'transferring' any possible money awarded as just satisfaction re Article 41 to the individual's family or next of kin.
March 7, 2025 at 4:18 PM
b) if the case is considered admissible, difficulties may arise regarding the methodology for 'transferring' any possible money awarded as just satisfaction re Article 41 to the individual's family or next of kin.
Some (possible) procedural hurdles: a) prior exhaustion of domestic remedies still applies to inter-State cases, especially those resembling individual cases or those filed 'à la' diplomatic protection; also, Slovakia appears not to allege an administrative practice;
March 7, 2025 at 4:18 PM
Some (possible) procedural hurdles: a) prior exhaustion of domestic remedies still applies to inter-State cases, especially those resembling individual cases or those filed 'à la' diplomatic protection; also, Slovakia appears not to allege an administrative practice;
Fresh out of the press - A Miron, 'Intervention in the Collective Interest before the International Court of Justice – the Time has Finally Come?' in A Gattini (ed), Time and International Adjudication (Brill, 2024), 215-235. If you don't have access to it, I will send it to you :)
January 8, 2025 at 9:15 AM
Fresh out of the press - A Miron, 'Intervention in the Collective Interest before the International Court of Justice – the Time has Finally Come?' in A Gattini (ed), Time and International Adjudication (Brill, 2024), 215-235. If you don't have access to it, I will send it to you :)