International Courts Archives

Enrica Lexie Incident| Italy must compensate India for loss of life and material damage; however India is precluded from exercising its criminal jurisdiction over Italian marines involved in the incident

Permanent Court of Arbitration: In an unanimous decision by the Arbitral Tribunal concerning the “Enrica Lexie Incident”, it was held that Italy

Case Briefs International Courts

ECHR | Flash mobs are “peaceful assembly” of people; staging demonstration without prior authorisation does not necessarily justify interfering with a person’s right to freedom of assembly

European Court of Human Rights (ECHR): A Seven Judge Bench of Paul Lemmens (President), Georgios A. Serghides, Helen Keller, Dmitry Dedov, María

Case Briefs International Courts

ITLOS | Tribunal accedes to the request of Mauritius and Maldives to form a special chamber of 9 judges to deal with dispute concerning delimitation of their maritime boundary in the Indian Ocean

International Tribunal for the Law of the Sea: Jin-Hyun Paik (President) having regard to Article 15 of the Statute of the Tribunal

Case Briefs International Courts

ECHR | Holocaust denial not protected by European Convention on Human Rights; interference with rights under Arts. 10 & 6 must be examined in context of special moral responsibility

European Court of Human Rights: The Seven-Judge Bench comprising of Yonko Grozev (President), Angelika Nußberger, André Potocki, Síofra O’Leary, M?rti?š Mits, Gabriele

Case Briefs International Courts

WIPO | Philip Morris USA wins right over disputed domain name registered with ‘GoDaddy.com’ as it was confusingly similar to their trademark and was being used in bad faith

World Intellectual Property Organization: M. Scott Donahey (Panelist) transferred the disputed domain names to Philip Morris USA Inc. as these were confusingly

International Courts News

Eastern Caribbean Supreme Court unveils –Sentencing Guidelines for Public Consultation

The rule of law can only be maintained and strengthened by ensuring public confidence in the transparency and consistency of judicial approach.

Case Briefs International Courts

[India v. Pakistan] ICJ | Pakistan ordered to review and reconsider Jadhav’s conviction and sentence; consular access granted to India [Full Report]

International Court of Justice (ICJ), Hague, Netherlands: A 16-Member Bench comprising of President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna ,Cancado Trindade,

Case Briefs International Courts

Euro Patent Office | Ex-post facto analysis with benefit of hindsight knowledge of invention not a correct approach to decide patent application

Boards of Appeal of the European Patent Office: A Bench of B. Stolz, Chairman and M.R. Vega Laso and J. Geschwind, members allowed

Case Briefs International Courts

Law of the Sea | Italy to compensate USD 285,000 to Panama for causing loss of its M/V Norstar in breach of Art. 87 of UN Convention on Law of the Sea

International Tribunal for the Law of the Sea: In the battle between Panama and Italy concerning Panama’s claim for compensation regarding loss of

Case Briefs International Courts

ECJ | Austrian legislation grating certain employees a day’s holiday on Good Friday held detrimental to other employees

European Court of Justice (ECJ): The Bench comprising of K. Lenaerts, President; R. Silva de Lapuerta, Vice-President; J.C. Bonichot, A. Arabadjiev, A. Prechal, C. Toader and C. Lycourgos (Rapporteur),

Case Briefs International Courts

ECHR | Conviction for demonstrating obscene sculpture in front of Prosecutor General’s Office held to be disproportionate

European Court of Human Rights: The Seven-Judge Bench comprising of Robert Spano, President; Paul Lemmens, Ledi Bianku, Julia Laffranque, Valeriu Gritco, Stephanie

Case Briefs International Courts

“Taste” of food not objectively classifiable as “work” and therefore not copyrightable: ECHR

European Court of Human Rights (The Grand Chamber): The Bench comprising of K. Lenaerts (President), R. Silva de Lapuerta (Vice President), J.-C.

Case Briefs International Courts

Homophobia a ‘Poor Law’ of the Victorian era; Cross-dressing an expression of identity reiterating fundamental right: CCJ

Caribbean Court of Justice (CCJ): A Five Judge Bench comprising of Saunders (President) and Wit, Barrow, Anderson, Rajnauth-Lee, JJ. allowed an appeal

Case Briefs International Courts

Only vindicatory damages awarded for failure to establish link between the breach of constitutional right and closing down of business

Caribbean Court of Justice (CCJ): A Five Judge Bench comprising of Saunders (President) and Wit, Hayton, Anderson, and Rajnauth-Lee, JJ. awarded only

Case Briefs International Courts

‘DEVIN’ can be used as an EU trademark for mineral water: Court of Justice of the European Union

Court of Justice of the European Union: The General Court comprising of A.M. Collins, President, M. Kancheva (Rapporteur) and J. Passer, JJ.

Case Briefs International Courts

Addressing Prophet Mohammad as a ‘paedophile’ has the potential to incite religious intolerance: ECHR

European Court of Human Rights (ECHR): A Seven Judge Bench comprising of Angelika Nußberger (Germany), President, André Potocki (France), Síofra O’Leary (Ireland),

Case Briefs International Courts

No obligation on part of Chile to negotiate on the matter of sovereign access of Bolivia to Pacific Ocean

International Court of Justice: The application was filed by Bolivia against Chile in ICJ to receive a fully sovereign access to the

Case Briefs International Courts

Taxing Officer uses discretionary power to Tax the Bill at a grand total of USD 11,084 in favour of applicant

East African Court of Justice-First Instance Division: The instant taxation ruling arose from a bill of costs filed before Yufnalis Okubo, Taxing

Case Briefs International Courts

Application to annul sentence and release applicant from prison not granted where applicant alleged for rape: African Court on Human and Peoples’ Rights

African Court on Human and Peoples’ Rights: The application had been filed under Rule 19 of the Court Rules from Provision 17

Case Briefs International Courts

ECJ: Organisms obtained by mutagenesis are GMOs and are, in principle, subject to obligations laid down by GMO Directive

European Court of Justice (ECJ): Confédération paysanne, a French agricultural union which defends the interests of small-scale farming, together with eight other

SCC Blog

International Courts

Enrica Lexie Incident| Italy must compensate India for loss of life and material damage; however India is precluded from exercising its criminal jurisdiction over Italian marines involved in the incident

ECHR | Flash mobs are “peaceful assembly” of people; staging demonstration without prior authorisation does not necessarily justify interfering with a person’s right to freedom of assembly

ITLOS | Tribunal accedes to the request of Mauritius and Maldives to form a special chamber of 9 judges to deal with dispute concerning delimitation of their maritime boundary in the Indian Ocean

ECHR | Holocaust denial not protected by European Convention on Human Rights; interference with rights under Arts. 10 & 6 must be examined in context of special moral responsibility

WIPO | Philip Morris USA wins right over disputed domain name registered with ‘GoDaddy.com’ as it was confusingly similar to their trademark and was being used in bad faith

Eastern Caribbean Supreme Court unveils –Sentencing Guidelines for Public Consultation

[India v. Pakistan] ICJ | Pakistan ordered to review and reconsider Jadhav’s conviction and sentence; consular access granted to India [Full Report]

Euro Patent Office | Ex-post facto analysis with benefit of hindsight knowledge of invention not a correct approach to decide patent application

Law of the Sea | Italy to compensate USD 285,000 to Panama for causing loss of its M/V Norstar in breach of Art. 87 of UN Convention on Law of the Sea

ECJ | Austrian legislation grating certain employees a day’s holiday on Good Friday held detrimental to other employees

ECHR | Conviction for demonstrating obscene sculpture in front of Prosecutor General’s Office held to be disproportionate

“Taste” of food not objectively classifiable as “work” and therefore not copyrightable: ECHR

Homophobia a ‘Poor Law’ of the Victorian era; Cross-dressing an expression of identity reiterating fundamental right: CCJ

Only vindicatory damages awarded for failure to establish link between the breach of constitutional right and closing down of business

‘DEVIN’ can be used as an EU trademark for mineral water: Court of Justice of the European Union

Addressing Prophet Mohammad as a ‘paedophile’ has the potential to incite religious intolerance: ECHR

No obligation on part of Chile to negotiate on the matter of sovereign access of Bolivia to Pacific Ocean

Taxing Officer uses discretionary power to Tax the Bill at a grand total of USD 11,084 in favour of applicant

Application to annul sentence and release applicant from prison not granted where applicant alleged for rape: African Court on Human and Peoples’ Rights

ECJ: Organisms obtained by mutagenesis are GMOs and are, in principle, subject to obligations laid down by GMO Directive

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