Russian Constitutional Court refers to the “polluter-pays” principle and reduces liability by the costs for effective mitigation

In the recent decision the Constitutional Court of the Russian Federation clarified the constitutional status of certain provisions of the Forestry Code and the environmental legislation imposing the civil liability for environmental damage. The Court declared that the amount of compensation should be lowered by the expenses for mitigation measures provided that they were effective. Read more »

The EU’s lack of shared interests will continue to inhibit the creation of genuine democratic culture

By Andreas Føllesdal

Many reflective scholars voice concern about persistent features of the EU that hinder realistic democratic control, concerns whose urgency has increased dramatically with the euro crisis and the responses to it. A remarkable feature of these contributions is how much they differ in their diagnosis and hence prescriptions. Read more »

Opinion 2/13: A bag of coal from the CJEU

CJEU - Grand Hall of JusticeJust in time for Christmas, on 18 December 2014, the Court of Justice of the European Union (CJEU) handed down its Opinion 2/13 on the Union's planned accession to the European Convention on Human Rights (ECHR). To the surprise of most, the CJEU found the draft agreement on the accession of the Union to the ECHR incompatible with the Union's primary (read: constitutional) law.

Not only did the CJEU find the accession agreement incompatible with the Union's constituent treaties. Its Opinion reads like a direct and unequivocal attack on the accession agreement and, as I will come back to, it seems to be very difficult to satisfy the CJEU's objections by way of amending the accession agreement. Instead of the expected Christmas present of a signable accession agreement, the Court brought the negotiators a bag of coal. Read more »

The International criminal Court and Kenyatta


By Shakira Maria Bedoya Sanchez Read more »

Merket med Criminal law

A step closer to a legally binding climate agreement? - An interview with Professor Christina Voigt

Since the adoption of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992, (now) 196 Parties have had the intention to put in place an effective international climate agreement. The Kyoto Protocol (1997) was only a very limited success in the sense that only developed countries committed to reduce greenhouse gas (GHG) emissions. Read more »

Merket med environment

Are Human Rights Courts the Right Venue for Environmental Disputes?

Recent years have seen the development of a general recognition of the interconnection between human rights and environmental protection and consequently a growing number of environmental cases adjudicated in human rights courts.  Are human rights courts the right venue for environmental disputes? Read more »

An Arbitral Tribunal Awards Yukos Shareholders 50 Billion USD in Damages Against the Russian Federation

This is a blog post detailing some of the more important aspects of the Yukos shareholders arbitration and the challenges facing the winning party in enforcing their award against the Russian state in the coming years. Read more »

Some thoughts on the ECJ hearing on the Draft EU-ECHR Accession Agreement (Part 2 of 2)

I was in Luxembourg 5-6 May 2014, attending the hearing at the European Court of Justice concerning the Draft Agreement for the Accession of the European Union to the European Convention on Human Rights. In these two posts (click here for part 1) I summarize the main arguments presented at the hearing, and provide some initial analysis and thoughts. Finally, I would not be a lawyer if I did not point out that some caveats apply: I am writing based on my own notes and recollection, and thus there might be inaccuracies, omissions and misattributions. If you come across any, feel free to point them out in the comments section below. I would also greatly appreciate any other comments or thoughts you might have in relation to this case.

(Cross-posted at my personal blog.)

The second and final day of oral argument at the ECJ in the case concerning the validity of the Draft Agreement for the Accession of the EU to the ECHR (hereinafter: the DAA) focused on the questions put to the parties by the judges yesterday. Those questions are summarized at the end of yesterday’s blog post. Moreover, some of the judges, as well as the Advocate General, asked further questions towards the end of the hearing. Read more »

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