scholarly journals Prior Notification and Water Rights

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 189-194
Author(s):  
Mara Tignino
Keyword(s):  
Adverse Effect ◽  
Water Rights ◽  
Case Law ◽  
Local Communities ◽  
Significant Adverse Effect ◽  
Nile River ◽  
The Icj ◽  
Prior Notification ◽  
International Instruments ◽  
Obligation To Inform

International practice, including international instruments and case law, confirms that states generally accept that they have a duty to provide prior notification of planned measures that may have a significant adverse effect upon co-riparians. The principle of “prior notification” is framed differently in various instruments, and it can broadly include the duty to “notify” and “consult” on planned measures. Prior notification helps to prevent and mitigate disputes, as underlined by the ICJ. Notification and consultation create the conditions for cooperation among riparian states and for ensuring the protection of international watercourses. On the contrary, the lack of notification and consultation may aggravate disputes as in the case of the Great Renaissance Dam along the Nile River. The UN Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) provides a detailed procedural framework on prior notification and consultation. This essay outlines the established characteristics of the prior notification and consultation duty, then argues that the duty should be viewed not only as an inter-state obligation but also as including the obligation to inform and consult local communities.

Contemporary International Tribunals

2017 ◽  
Author(s):  
Antonio Augusto Cançado Trindade Trindade
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
Nuclear Disarmament ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
The Icj ◽  
The Common ◽  
International Human ◽  
International Tribunals

In the course of 2016, international human rights tribunals (ECtHR, IACtHR and ACtHPR) kept on making cross-references to each other’s case-law, as well as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ, as to the case-law of other international tribunals, in its recent decisions in the cases concerning the Obligation of Nuclear Disarmament (2016), keeping in mind the common mission (of realization of justice) of contemporary international tribunals from an essentially humanist outlook.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 58 Colombia: Colombian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Salame Antonio Aljure
Keyword(s):  
Latin America ◽  
Civil Law ◽  
Case Law ◽  
Private International Law ◽  
Gap Filling ◽  
Commercial Law ◽  
Legal Relationship ◽  
Commercial Code ◽  
The Hague ◽  
International Instruments

This chapter looks at Colombian perspectives on the Hague Principles. In Colombia, civil and commercial regulations are contained in two separate codes: the Colombian Civil Code and the Commercial Code. Despite their separation, commercial law draws from civil law and regulates several areas not covered by the latter. As a result, civil and commercial law in Colombia should be understood as complementary in that they both regulate international contracts and share similar foundations and principles. There is currently no modern law that comprehensively deals with private international law in Colombia. However, the Bogotá Chamber of Commerce is in the process of drafting legislation with the objective of clarifying the interpretive approach to norms underlying international contracts. Although there is no express reference to the Hague Principles as a guiding or interpretative source of law for judges, it has been recognized in case law that international instruments such as the UNIDROIT Principles of International Commercial Contracts (UPICC) may govern a legal relationship if they do not contravene an express rule. This gap-filling role facilitates the transition of law to modernity by virtue of the requirements of relevance, coherence, and justice.

Introduction

2020 ◽  
pp. 1-10
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
Juvenile Justice ◽  
Family Law ◽  
Case Law ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
Margin Of Appreciation ◽  
Growing Body ◽  
International Instruments

This chapter provides a brief introduction to the European Convention on Human Rights (ECHR), and the European Court of Human Rights (ECtHR), as it relates to children. Over the past 60 years, the ECtHR has developed a substantial and ever-growing body of case law concerning children, covering issues ranging from juvenile justice and physical integrity to immigration, education, and religion, as well as a code of family law which significantly expands the scope and influence of the ECHR. The chapter explains four key principles of interpretation (positive obligations, the living instrument doctrine, subsidiarity, and the margin of appreciation), as well as the Court’s use of international instruments.

Part II Interpretation of Treaties, 7 Evolutionary Interpretation of Treaties: Between Memory and Prophecy

2011 ◽  
Author(s):  
Dupuy Pierre-Marie
Keyword(s):  
Case Law ◽  
Vienna Convention ◽  
Judicial Activism ◽  
Legal Evolution ◽  
Shared Purpose ◽  
Dynamic Interpretation ◽  
The Icj ◽  
The Common ◽  
Evolutionary Interpretation

The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such adaptability is evolutionary interpretation. This chapter underlines the twofold nature of this interpretative technique. According to a first approach, evolutionary interpretation may be considered as a way to identify the common will of the parties as it would have resulted if they had renegotiated the agreement taking into account the circumstances that have since evolved. In the silence of Article 31 of the Vienna Convention, the case law of the ICJ supports the view that such a dynamic interpretation is allowed only where it is possible to infer from the terms of the treaty that the text is open to considerations of factual or legal evolution after its conclusion. However, when a treaty establishes an organization designed to achieve a shared purpose, the international judge entrusted with task of interpreting that treaty is often prone to act as the depositary of the common finality. In such a case, evolutionary interpretation tends to a teleological one. It therefore leads to question how far such interpretation could be taken and may generate allegations of ‘judicial activism’.

What's new in law and case law around the world?

2014 ◽  
Vol 96 (895-896) ◽  
pp. 1093-1114
Keyword(s):  
Relevant Information ◽  
Case Law ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Legislation ◽  
Exchange Of Information ◽  
The World ◽  
International Instruments

The biannual update on national legislation and case law is an important tool in promoting the exchange of information on national measures for the implementation of international humanitarian law (IHL). In addition to a compilation of domestic laws and case law, the biannual update includes other relevant information related to regional events organized by the International Committee of the Red Cross (ICRC), to the development of national committees for the implementation of IHL or similar bodies and to accession and ratification of IHL and other related international instruments.

scholarly journals The Power of the International Court of Justice to Indicate Provisional Measures to Prevent the Aggravation of a Dispute

2008 ◽  
Vol 21 (3) ◽  
pp. 623-642 ◽  
Author(s):  
PAOLO PALCHETTI
Keyword(s):  
Case Law ◽  
The Other ◽  
Controversial Issue ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Irreparable Harm ◽  
The Icj

AbstractThe article aims at examining, in the light of the practice of the International Court of Justice, some issues concerning the power of the Court to indicate provisional measures to prevent the aggravation or extension of a dispute. While the existence of a power to indicate non-aggravation measures appears to be well established in the Court's case law, the scope of this power has proved to be a more controversial issue. This study argues that, by attaching relevance to the element of aggravation, the Court has been able to indicate measures that are not strictly needed to prevent a risk of irreparable harm but which at any rate contribute to a greater protection of the rights of the parties; at the same time, however, the Court has so far refrained from regarding the risk of aggravation as a circumstance which may justify a less stringent evaluation of the other conditions that normally need to be satisfied for the granting of interim protection under Article 41 of the ICJ Statute.

scholarly journals Środki tymczasowe w stanach nadzwyczajnych. Uwagi na tle sprawy Gruzja v. Federacja Rosyjska przed Międzynarodowym Trybunałem Sprawiedliwości

2019 ◽  
pp. 181-204
Author(s):  
Elżbieta Hanna Morawska
Keyword(s):  
International Law ◽  
Case Law ◽  
Prima Facie ◽  
General Nature ◽  
International Court Of Justice ◽  
International Court ◽  
Legal Nature ◽  
The Icj ◽  
Interim Measure ◽  
And Function

The article deals with some aspects of the International Court of Justice (ICJ) jurisdiction considered in recently decided dispute between Georgia and Russian Federation. The analysis essentially covers the question of provisional measures: the conditions for their indication, their legal nature and function. The article refers to measures indicated under Article 41 of the Statute of the ICJ which allows the Court to indicate provisional measures providing interim protection to the rights of either party to a pending dispute. Having regard to the relevant case-law of the ICJ, two issues are discussed, namely the existence of prima facie jurisdiction and risk of irreparable prejudice and urgency. In addition to the measures referred to specific measures aimed at preserving specific rights, the article draws attention to the Interim measure of general nature with the view of ensuring the non-aggravation of the dispute between the Parties. As Russia does not recognize the compulsory jurisdiction of the ICJ, the greater part of the article are dedicated to questions regarding the jurisdictional basis for Georgia’s action before the ICJ and the issues of the procedural preconditions for the sesin of the Court in the compromissory clause, under art. 22 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD). It will also comment on whether the dispute between Georgia and Russia really concerned the issues of “the interpretation or application” of CERD,  or respect for others international law principles, i.e. the legality of the use of force, sovereignty, territorial integrity and self-determination.

Private Uniform Law and Global Legal Pluralism

2020 ◽  
pp. 745-767
Author(s):  
Gralf-Peter Calliess ◽  
Insa Stephanie Jarass
Keyword(s):  
Legal Theory ◽  
Legal Pluralism ◽  
Case Law ◽  
Commercial Law ◽  
Limited Success ◽  
Functional Equivalent ◽  
Uniform Law ◽  
International Instruments ◽  
International Chamber Of Commerce ◽  
Universal Rule

Global legal pluralism comes in many forms and carries various implications. This chapter traces the phenomena of legal pluralism in the field of commercial law. It is commonly held that legal certainty is of paramount importance to merchants. Therefore, efforts to harmonize commercial law on the international level are pertinent, albeit with limited success. As states proved unwilling or unable to create uniform commercial law, various private initiatives were established to achieve this end, the most prominent examples being the International Commercial Terms (Incoterms) and the Uniform Customs and Practice for Documentary Credits (UCP), both promulgated by the International Chamber of Commerce. From the perspective of global legal pluralism, such privately created uniform commercial law is an instance of legal pluralism. Interestingly, in this case it is not state law as the universal rule, which encounters conflicting normative claims of a substate social field, but it is a privately created normative regime that claims universal authority over the fragmented domestic commercial law regimes. According to conventional legal theory, such claim is simply ridiculous and it seems to be impossible for private uniform law to operate successfully. However, an analysis of English and German case law reveals that the Incoterms and the UCP in fact are effectively operating as uniform law and thus as a privately created functional equivalent to international instruments such as the Convention on the International Sale of Goods. This chapter, therefore, argues that beyond theoretical discussions in textbooks, judges do practice what global legal pluralism suggests.

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