International Courts Archives

CCJ | Whether an application seeking to challenge the maintainability of ‘substantive appeal’ is itself maintainable or not? Court determines

Caribbean Court of Justice (CCJ): A Full Bench of J Wit, M. Rajnauth-Lee and P. Jamadar JJ. dismissed the application for special

Case Briefs International Courts

EU-US Privacy Shield declared invalid for not providing adequate data protection of European citizens from US surveillance activities

Sucheta Sarkar, Editorial Assistant has put this story together

Case Briefs International Courts

ICJ rules in the interest of Qatar over its airspace dispute against the Gulf Nations

International Court of Justice (ICJ):With an overwhelming majority of 15:1, the ICJ rejected the appeal filed by Bahrain, Egypt, Saudi Arabia and

Case Briefs 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

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

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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

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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.

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[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

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“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

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International Courts

CCJ | Whether an application seeking to challenge the maintainability of ‘substantive appeal’ is itself maintainable or not? Court determines

EU-US Privacy Shield declared invalid for not providing adequate data protection of European citizens from US surveillance activities

ICJ rules in the interest of Qatar over its airspace dispute against the Gulf Nations

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

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Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

[Maintenance to Muslim wife] All HC | “S. 125 CrPC perhaps one of the most secular enactment ever made in this country”: HC while upholding maintenance awarded to divorced Muslim wife

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

If a person carries out trading in shares on an occasional basis by opening a Demat Account, will that person come under the ambit of Consumer? Read NCDRC’s opinion

HP HC | Remedy under S. 125 CrPC and S. 12 of DV Act, 2005 are distinct and different; Law does not prohibit wife to proceed under both of the said statutory provisions simultaneously or otherwise; Petition dismissed

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BCI extends last date for Advocates to furnish information required by Supreme Court e-Committee to 31-12-2020; Issues clarifications and directions for strict compliance

Rosalyn Malik on her journey from Remfry & Sagar to Shardul Amarchand Mangaldas

Madras HC | Are Advocates barred from doing money lending business with their clients? Read HC’s opinion in light of SC decision

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

COVID-19| ‘You can’t stop at issuing advisory’; SC directs Centre to ban the use of disinfection tunnels

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