Counterclaims in investment arbitration are gradually developing with the aim to counter environmental harm. The Energy Charter Treaty, as an investment agreement, falls short of offering this protection.
The United States confirmed that Depleted Uranium (DU) ammunitions were used in Syria. The use of such weapons has long been criticized for posing health risks to both combatants and civilians. What is the potential legal issues arising out of the use of DU in non-international armed conflicts?
The very recent ruling of the CJEU in DK (C-653/19 PPU, 28 November 2019) confirms the limited applicability of Directive 2016/343 on the presumption of innocence and fails to deal with overuse of pre-trial detention across the EU.
Had T.C.E.'s claim for a residence right to stay with his daughter been adjudicated by the CJEU, not the ECtHR, the case would have ended differently. This begs the question, why does EU law treat the unity of multi-national families more favourably?