The International Court of Justice and Diplomatic Protection

2019 ◽  
pp. 103-126
Author(s):  
Kimio Yakushiji
2006 ◽  
Vol 19 (3) ◽  
pp. 719-740 ◽  
Author(s):  
SERGEY PUNZHIN ◽  
NATHALIE WILES

There are three topics within the body of Vereshchetin's academic work which deserve special attention: the law of the sea, space law, and the theory of international law. Vereshchetin's contribution as a judge to the practice and theory of international law can be appreciated through his individual opinions and declarations, in which he dealt with various issues of international law and the international judicial process: self-determination, countermeasures, diplomatic protection, and questions which concern the functioning of the Court (the role and powers of the ICJ, non liquet, bases for the revision of decisions, declarations accepting the Court's jurisdiction and reservations to them, and so on).


2009 ◽  
Vol 8 (1) ◽  
pp. 115-141 ◽  
Author(s):  
Gauthier Vannieuwenhuyse

AbstractThe relationship between the ICSID and the ICJ was contemplated from the beginning of the drafting of the ICSID Convention. The ICSID Convention contains two mechanisms that regulate the legal framework of this relationship. First, a clause providing for the ICJ's jurisdiction in case of a dispute concerning the interpretation or application of the convention is included in Article 64 of the ICSID. This mechanism has never been used by any States. However, some controversial issues such as the scope of power of annulment committees or the denunciation of the ICSID Convention may have crucial consequences in the settlement of investment disputes. Thus, some States may have an interest in using this mechanism. Besides, the relationship between the ICSID and the ICJ may be analyzed with regard to the mechanism of diplomatic protection that can be exercised in the case of non-compliance with an ICSID award according to Article 27 of the ICSID Convention.


1973 ◽  
Vol 67 (2) ◽  
pp. 259-274 ◽  
Author(s):  
F. A. Mann

Professor Briggs’ summary of the decision of the International Court of Justice in the Case Concerning the Barcelona Traction, Light and Power Company Limited fairly recapitulates the principal reasons which led the Court to deny “the existence of any general rule of international law or of any special circumstances or considerations of equity which confer a right of diplomatic protection of national shareholders in a foreign company where the acts complained of were directed by authorities of a third state against the company rather than against any legal rights of the shareholders as such.”


2002 ◽  
Vol 15 (1) ◽  
pp. 87-103 ◽  
Author(s):  
Zsuzsanna Deen-Racsmány

While the most important feature of the judgment given by the International Court of Justice in the LaGrand case is probably the conclusion that provisional measures indicated by the Court are binding, the decision is not without significance in the field of diplomatic protection.


Author(s):  
Мадина Алиевна Умарова

В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.


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