This is because Belgium argues that Swiss Courts are under an obligation to stay proceedings brought in that country not only as a result of the Lugano Convention but also because this result is dictated by the rules
of general international law relating to jurisdiction.
He has worked regularly as a consultant or as counsel for various governments, international organisations and NGOs
on general international law, international environmental law and law of the sea, including maritime boundary -LSB-...]
Indeed, the IACtHR cites the Corfu and Trail Smelter cases to reiterate that
in general international law, States are obliged not to allow knowingly their territory to be used for acts contrary to the rights of other States (para. 97 of the advisory opinion).
It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2 (e), 2 (f) and 5)...
Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.
Judge Shahabuddeen has observed that «it should be recalled that international criminal law has not quite gone through the early phase of
general international law, when the latter borrowed with relative freedom from West European domestic law.»
There is a step forward to extend
the general international law duty of due diligence to protect not only States, but individuals abroad against wrongful acts emanating from the territory of another State.
A rigorous selection process seeks to include both those cases that are relevant for the identification and interpretation of principles and rules of
general international law (principles of jurisdiction, immunities, state succession, responsibility, general principles) as well as cases relevant for the identification and interpretation of principles and rules of international law in certain functional fields, such as human rights law, international criminal law, and many more.»
According to Belgium, the failure by Switzerland to stay the proceedings is a breach of «the rule of
general international law that all State authority, especially in the judicial domain, must be exercised reasonably.»
The present proceedings brought by Ecuador are particularly interesting for a couple of reasons: one specific to investment law, the other relating to
general international law.
These could include, inter alia, the ability of a fully autonomous system to conform to existing law (including international humanitarian law, human rights law or
general international law); potential problems associated with the design of future fully autonomous weapons that could require disarmament action, or the ethical limits to robotic autonomy in deciding on the life or death of a human, to quote just a few.»