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   Vers des réparations au titre du colonialisme?Erpelding, Michel  in Annuaire français de droit international (2022), 67 Noting the changes that have occurred in recent years in Western official discourses regarding the legacy of colonialism, this article examines the potential legal consequences of these changes in the ... [more ▼] Noting the changes that have occurred in recent years in Western official discourses regarding the legacy of colonialism, this article examines the potential legal consequences of these changes in the field of international state responsibility. The first part of the article consists of a survey of recent Western state practice. It observes that while some Western states have lately acknowledged the unjustifiable character of certain acts related to colonialism and have taken measures to repare the consequences of these acts, these measures have, with one exception, assumed an ex gratia character. The second part of the article is dedicated to the intertemporal law principle, which constitutes the main argument used to defend this position. Western states invoke this principle to deny the internationally wrongful character of their past colonial policies and rule out any general obligation to make reparation for the damage caused by these policies. However, the principle of intertemporal law has become subject to various reassessments, which challenge the legal postulates inherited from the past. [less ▲] Detailed reference viewed: 51 (6 UL)L'annexion de la Crimée devant les jugesErpelding, Michel in Annuaire Français de Droit International (2018), 63 In accordance with the practice of a majority of States, the incorporation of Crimea into the Russian Federation can be qualified as a case of annexation. As a serious breach of international law, it ... [more ▼] In accordance with the practice of a majority of States, the incorporation of Crimea into the Russian Federation can be qualified as a case of annexation. As a serious breach of international law, it raises a certain number of questions with regard to the respective rights and obligations of all relevant actors. With no conventional resolution of the dispute between Russia and Ukraine in sight, judicial remedies—both before national and international courts and tribunals—are destined to play a key role in this context. As a matter of fact, annexation of Crimea has already resulted in judicial decisions regarding the restitution of cultural property, investment protection, and the restrictive measures adopted by the EU following Crimea’s annexation. Other questions raised by this situation are currently being discussed before the ICJ, the ECtHR, the ICC, the WTO, and a UNCLOS Annex VII Arbitral Tribunal. [less ▲] Detailed reference viewed: 67 (1 UL)Juridiction de la Cour de justice sur les renvois préjudiciels en matière de Politique étrangère et de sécurité commune : à propos de l'arrêt Rosneft de la CJUEGatti, Mauro in Annuaire Français de Droit International (2018), 64 Detailed reference viewed: 125 (0 UL) Le Brexit et les accords mixtes de l'Union européenneNeframi, Eleftheria in Annuaire Français de Droit International (2017) Detailed reference viewed: 421 (9 UL)La politique étrangère et de sécurité commune et l’identité de l’Union européenneNeframi, Eleftheria in Annuaire Français de Droit International (2004) Detailed reference viewed: 146 (2 UL) |
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