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Situation in detention facilities, as documented by UN Commission of Inquiry, prove risk of irreparable prejudice and urgency
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Rights invoked by the applicants are plausible and present a link with the requested provisional measures
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Judge Xue finds that Canada and the Netherlands have no standing to bring an ‘actio popularis’ case
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No need to prove damage when application is grounded on alleged breach of erga omnes (partes) obligation
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Vice-President Gevorgian sees no genuine attempt to negotiate
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Applicants have prima facie satisfied procedural requirements set out in the Convention
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Dispute falls prima facie within the jurisdiction of the court
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Syria conveys its objections to the request for provisional measures through a letter to the court
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Background: Canada and the Netherlands accuse Syria of breaches of the Convention Against Torture before the ICJ, and request provisional measures
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Majority’s reading of the Italy BIT’s war-losses clause “equates the host state with an insurer”, so says the dissenter
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Dissenter adds that the general MFN clause is not sufficiently broad to import a standard of protection
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Dissenter opines that MFN mechanism of war-losses clause should rule out application of general MFN provision
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Majority applies modified costs-follow-the-event approach
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Arbitrators apply sunk costs method and award 2.5 billion SYP plus interest
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DCF method is not appropriate
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Expropriation claim, FET claim, and the question of attribution have become moot
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Force majeure and necessity are unavailable
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Loss of access is not merely ephemeral
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Syria has an obligation to compensate claimants for war-losses
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Tribunal dismisses Syria’s reliance on carve-out for regional economic organizations, expiry of the Italy-Syria BIT, and lex posterior principle
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For a majority, general MFN clause applies despite the MFN component of the war-losses clause
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General MFN clause allows to import more favourable war-losses protection, according to the tribunal majority
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Tribunal declines to import more favourable provision through the war-losses MFN clause
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War-losses provision does not exclude other substantive standards of protection
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