International Law in Greek

There has been a continuous presence and contribution of Greek jurists in the discipline of international law ever since the interwar years. Undoubtedly, Nicholas Politis and Stylianos Seferiades were the most prominent Greek international lawyers of the interwar period; the former a government lawyer and diplomat with substantial contribution in almost every aspect of the development of international law both in and out of the institutional context of the League of Nations and the latter an academic who held the first Chair of Public International Law at the Faculty of Law of the National and Kapodistrian University of Athens. They were followed in the 1950s to 1970s by Jean Spyropoulos, professor of international law (Thessaloniki and Athens, member of the International Law Commission, and International Court of Justice (ICJ) judge; Konstantin Eustathiades, professor of international law (Thessaloniki and Athens), member of the International Law Commission, and member of the European Commission of Human Rights; and George Tenekides, professor of international law at the Panteion School of Political Science, member of the European Commission of Human Rights, and member of the UN Committee on the Elimination of Racial Discrimination. Following the restoration of democracy in 1974 a new cohort of international lawyers has dominated the discipline of international law to the present day: Argyrios Fatouros, Christos Rozakis, Konstantin Economides, Emmanuel Roukounas, and Krateros Ioannou. They have each in their own capacity inspired a large number of their students to specialize in international law, a lot of which succeeded them as faculty teaching this subject, and have pursued and are still pursuing distinguished careers in international law both in Greece and abroad. Most of the Greek international lawyers are prolific authors of books and articles and even though the tendency among a growing number of them is to publish their research in English or French an equally large number publish in Greek. They tend to publish textbooks and monographs. As far as the latter are concerned, they cover areas of the law of particular interest for Greece, such as the law of the sea, international environmental law, and human rights law as well as classical subjects, such as the settlement of disputes, international institutions, and the law of armed conflict.

INTERNATIONAL CRIMES AND OBLIGATIONS ERGA OMNES IN THE CONTEXT OF ENVIRONMENTAL PROTECTION UNDER INTERNATIONAL LAW

In the article an attempt has been made to analyze the peculiarities of the application of the categories of “international crimes” and “obligations erga omnes” in the context of environmental protection by the means of international law. The interrelation between these categories is investigated and their connection is demonstrated analyzing the work of the International Law Commission of the United Nations on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. The tendency towards the formation in international law of a new type of obligations erga omnes aimed at environmental protection is analyzed. It is emphasized that environmental protection can be carried out both in the context of enforcement of obligations erga omnes and international responsibility of states, and in the context of prosecuting individuals for committing international war crimes against the environment. It is worth noting that at the moment the mentioned protection is fragmented and does not cover all elements of the environment. For example, the provisions of the Rome Statute about war crimes against environment relate to international armed conflicts and protect the natural environment only. At the same time the harm to the environment in armed conflicts not of an international character can be equally widespread, long-term and severe. In this regard, special attention is paid to the concept of “environment” as an object of protection under international law. Its complex nature manifested through a significant number of components, including natural resources and artificial elements, as well as the interaction between them, is shown. Thus, it seems necessary to develop such an international legal regulation that could ensure environmental protection, which would cover all elements of the environment and take into account their peculiarities

Recent Developments of International Law Commission Work on Immunity of State Officials from Foreign Criminal Jurisdiction

Immunity is a well bedded concept within international law and mainly within the principle of sovereign equality of states. There are different procedural implications of the concept of immunity – diplomatic and consular privileges and immunities, State jurisdictional immunities and also immunity of State officials from foreign criminal jurisdiction. The Article focuses on the latter one and portrays on recent developments of immunity of State officials from foreign criminal jurisdiction as it is elaborated by the UN International Law Commission (‘ILC’). The author frames (in the introduction) the concept of immunity and especially the immunity of State officials and puts it in a large theoretical structure of international law and in the work of ILC. Then, he focuses his attention on the phenomenon of progressive development of international law (2) and how it is used with respect to the topic considerated by the ILC. He then presents main ILC conclusions regarding limitations and exceptions to immunity of State officials (3) and finally outlines latest development (4) of the ILC work dealing mainly with relationship between foreign criminal jurisdiction and international criminal jurisdiction and other procedural questions.

Protecting the Environment During and After Armed Conflict, the International Law Commission and an Overdue Due Diligence Duty for Corporations

Recent years have seen a rising global consensus on the need to ensure appropriate protections for the environment during and after armed conflict. In this context, the International Law Commission provisionally adopted 28 draft principles on the protection of the environment in relation to armed conflicts in July 2019. With stakeholder consultation having concluded in June 2021, this article investigates what practical impacts the corporate due diligence and liability provisions in the draft principles are likely to have on the protection of the environment during and after armed conflict, should the principles be implemented as currently drafted.

Rebellions and Civil Wars

This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

Pacific Islands Countries Declare Permanent Maritime Baselines, Limits and Boundaries

The Pacific Island countries are in the front line of adverse impacts from sea level rise. For the last decade the South Pacific Forum Members have been seeking ways to preserve their entitlements to their maritime zones and resources in the event of inundation of coasts and coastal features as a result of sea level rise. The issue was explored by the International Law Association in its 2018 Report and is being considered by a Study Group of the International Law Commission. This 2021 Declaration by the 18 Members of the South Pacific Forum purporting to fix permanently their maritime entitlements represents a major development in State practice for the region.

Invocation of State Responsibility for Violation of Obligations Owed to the International Community as a Whole

The article discusses the features of the application of paragraph 1 (b) of Art. 48 of the Draft Articles on State Responsibility, developed by the UN International Law Commission and taken into consideration by the UN General Assembly by its resolution 56/83 of December 12, 2001. The norm of this article enshrines the right of any state that is not a victim to call to international legal responsibility state that has committed a breach of an obligation owed to the international community as a whole. This rule contributes to the establishment in modern international law of the ancient Roman theory of actio popularis, according to which any citizen could file a claim in the public interest. The UN International Law Commission is considering paragraph 1 (b) of Art. 48 of the 2001 Draft Articles on State Responsibility as a result of the progressive development of International Law. This is manifested primarily in a new approach to the interpretation of concepts such as “the international community as a whole” and “obligation owed to the international community as a whole”. The article notes that the concept of "the international community as a whole" should no longer be considered as a community of sovereign states, since it already presupposes a more active participation in maintaining international legitimacy of all participants of international relations – subjects of international law. In addition, attention is drawn to the fact that the concept of “obligation owed to the international community as a whole” is a new category proposed by the International Law Commission as a part of the progressive development of the theory of erga omnes and jus cogens norms. The author compares these types of obligations and points out a number of problems that may arise while interpreting this concept in order to apply this rule in practice.

Provisional Application of Treaties and Other Topics: The Seventy-Second Session of The International Law Commission

The International Law Commission (ILC) held its seventy-second session from April 26 to June 4 and from July 5 to August 6, 2021 in Geneva, under the chairmanship of Mahmoud Hmoud (Jordan). This session was originally scheduled for the summer of 2020, but had to be postponed due to the outbreak of the COVID-19 pandemic. The pandemic continued in 2021 to present health risks and travel difficulties for certain members; consequently, the Commission for the first time in its history held its session in a hybrid manner, with many members physically present in Geneva, while others participated online by means of Zoom. That approach required certain adjustments to the Commission's methods of work, but allowed the Commission to move forward in addressing the several topics on its current program of work.

The Standing of Indirectly Injured States in the Litigation of Community Interests before the ICJ: Lessons Learned and Future Implications in Light of The Gambia v. Myanmar and Beyond

This article explores the legal challenges related to the standing of indirectly injured states before the International Court of Justice in relation to violations of obligations erga omnes and erga omnes partes. After an examination of the emergence of these kinds of obligations, the article addresses the evolution of the approach of the Court in relation to the issue of standing, in light of the works of the International Law Commission on state responsibility. Especially after the 2012 Belgium v. Senegal case, the Court does not hesitate to recognise the standing of indirectly injured states. Yet, some aspects related to standing – such as the requirement of a special interests and the coordination between the reaction of the directly injured state and the indirectly injured ones – are still imprecise. The Court should take the opportunity to elaborate on these issues in the merits phase of The Gambia v. Myanmar case.