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A Critical Appraisal of the Court’s Jurisprudence on the Rights to Property and Home in the Context of Displacement
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.
Author: Iva Parlov
In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov offers a comprehensive analysis of the rights and obligations of coastal States over ships in need of assistance, maritime casualties and shipwrecks under international customary law, treaty law and other international instruments. Important regime interactions are discussed in depth, most extensively the interaction between the 1982 United Nations Convention on the Law of the Sea and regulations adopted at the International Maritime Organization, but also between conventional and customary law, public and private law. In contrast to the existing literature that mostly focuses on separate issues such as intervention, places of refuge, salvage and wreck removal, this book takes a systemic approach to consider from the coastal State’s perspective jurisdictional problems at each stage of a maritime occurrence, deteriorating into a maritime casualty and ultimately into a wreck. Particular attention is given to legal differences associated with maritime zones and the physical state of a ship. Adding a temporal scale to the analysis, the book provides an insight into the legal developments since the Torrey Canyon (1967) disaster and offers some reflections on the directions in which the tide is flowing, not least in light of the recent European Union’s proposal for amendments of the IMO Guidelines on Places of Refuge.
Examining How We Manage the Ocean Commons
Legal Remedies for the Protection of Cross-border Properties
The Polish dispute on an adequate approach towards the Białowieża Forest has been significantly internationalised, primarily by UNESCO and the European Union. The judgment of the CJEU has not settled the substance of the dispute, although it points to a violation of EU legal standards. The authors of The Disputed Białowieża Forest: Legal Remedies for the Protection of Cross-border Properties address the dispute in a constructive and interdisciplinary manner, rather than merely expressing concern towards in situ conservation, and derive universal legal remedies from it. They conclude that in the case of unique invaluable goods, adequate individual solutions should be applied in the form of a localised agreement, open to many entities (interested states, international organisations and even socially responsible private corporations), on the condition that organisational and financial co-responsibility are accepted.
The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.