The impact of the International Court of Justice

10.1017/s0922156598000089 ◽

1998 ◽

Vol 11 (1) ◽

pp. 97-121 ◽

Author(s):

Juan José Quintana

Keyword(s):

Case Analysis ◽

Good Faith ◽

Legal Regime ◽

Reasonable Time ◽

Court Of Justice ◽

International Court ◽

This paper is concerned with the denunciation of declarations of acceptance of the compulsory jurisdiction of the International Court of Justice under the Optional Clause and the impact that the 1984 Judgment of the Court in the jurisdictional phase of the Nicaragua case may have had upon it. In this decision the Court found that the principle of good faith is of paramount importance in the legal regime of the Optional Clause and introduced in that regime the element of a ‘reasonable time’ for the denunciation of declarations of indefinite duration and silent as to termination. The relevant passage of the Judgment is discussed with a view to determine the contours of this requirement and the ways it may operate in practice.

Additional Opinions and Judicial Diversity at the International Court of Justice

Identity and Diversity on the International Bench ◽

10.1093/oso/9780198870753.003.0013 ◽

2020 ◽

pp. 246-262 ◽

Author(s):

Hemi Mistry

Keyword(s):

Gender Diversity ◽

Personal Characteristics ◽

The Public ◽

Court Of Justice ◽

International Court ◽

The Public Sphere ◽

The Individual ◽

Additional opinions—that is, dissenting opinions, separate opinions, and declarations—are, by definition, the primary institutional mechanism through which judges can express their individual views on a particular decision, as distinct from the judgment or decision proclaimed on behalf of the institution. Therefore, within the public sphere they are the principal institutional manifestation of the individual—and thus the individuality—of the judge. Consequently, for those who seek to understand the impact of certain personal characteristics upon how a judge discharges their professional functions and, in turn, the wider institutional and systemic implications of the participation of individuals bearing those characteristics, the study of additional opinions would seem a useful analytical enterprise. Using gender diversity at the International Court of Justice as a case study, the purpose of this chapter is twofold: first, to explain the relationship between diversity and additional opinions, and second, to explore the methodological potential, and challenges, that the study of additional opinions entails.

The Protection of Diplomatic Correspondence in the Digital Age

10.1093/oso/9780198795940.003.0013 ◽

2017 ◽

Author(s):

Patricio Grané Labat ◽

Naomi Burke

Keyword(s):

New Technology ◽

Digital Age ◽

International Courts ◽

Court Of Justice ◽

International Court ◽

State Actors ◽

International Tribunals ◽

This chapter considers the impact of new technology on compliance with obligations under the VCDR. It focuses on the provisions of the VCDR that establish the inviolability of diplomatic archives and correspondence and considers the challenges posed by technology that was not available at the time of the drafting of that treaty but which is now commonplace. It evaluates the ever-present risk of unauthorized digital access to diplomatic correspondence and archives, including by non-State actors (eg WikiLeaks), and examines whether the framework of the VCDR is still adequate to deal with those challenges. The chapter also addresses the submission of protected information obtained in violation of the VCDR as evidence in proceedings before international tribunals, including the International Court of Justice (ICJ). The chapter analyses the admissibility of that evidence and offers answers on how international courts should deal with that information.

The Impact of Decisions and Resolutions of the Security Council on the International Court of Justice

International Law and The Hague’s 750th Anniversary ◽

10.1007/978-90-6704-501-8_9 ◽

1999 ◽

pp. 81-86 ◽

Author(s):

Christopher Greenwood

Keyword(s):

Security Council ◽

Court Of Justice ◽

International Court ◽

Report on the Oral Proceedings in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro): Selected Procedural Aspects

10.1017/s0922156507004128 ◽

2007 ◽

Vol 20 (2) ◽

pp. 405-440 ◽

Author(s):

ANNA RIDDELL

Keyword(s):

Bosnia And Herzegovina ◽

Use Of Force ◽

Witness Testimony ◽

Serbia And Montenegro ◽

Standard Of Proof ◽

Long Gap ◽

Court Of Justice ◽

International Court ◽

This article is intended to be a report of the oral proceedings in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), detailing what took place in the Peace Palace and considering the arguments of the parties relating to the procedure adopted in the proceedings. These include the preliminary question of whether or not the International Court of Justice has jurisdiction in the case, a question which has been reopened by Serbia and Montenegro following the 2004 judgment in the Legality of the Use of Force cases; the question of the impact of the workings of the ICTY on the current proceedings; the issue of new documents which has arisen, given the very long gap between the written and oral proceedings; the burden and standard of proof adopted by the Court and what inferences it may draw; and the methodology for hearing witness testimony in the Court. Each of the parties addressed the Court on these procedural issues in some detail, in addition to their pleadings on the substance of the merits of the case.

The Participation of Nongovernmental Organizations in International Judicial Proceedings

The American Journal of International Law ◽

10.2307/2204133 ◽

1994 ◽

Vol 88 (4) ◽

pp. 611-642 ◽

Cited By ~ 37

Author(s):

Dinah Shelton

Keyword(s):

Human Rights ◽

Nongovernmental Organizations ◽

International Courts ◽

Court Of Justice ◽

European Court ◽

International Court ◽

Judicial Proceedings ◽

The Impact ◽

Do So

Nongovernmental organizations are playing an increasingly important role in international litigation. This study will analyze the participation of nongovernmental organizations, primarily as amici curiae, in the proceedings of four permanent international courts: the International Court of Justice, the European Court of Justice, the European Court of Human Rights and the Inter-American Court of Human Rights. After discussing the impact of amici in national and regional courts, it recommends that the International Court of Justice expand its acceptance of submissions from nongovernmental organizations in appropriate cases. The Court has a jurisdictional basis to do so and amici have usefully contributed to cases before other courts.

Nicaragua: 25 Years Later

10.1017/s0922156511000616 ◽

2012 ◽

Vol 25 (1) ◽

pp. 131-133 ◽

Author(s):

CRISTINA HOSS ◽

SANTIAGO VILLALPANDO ◽

SANDESH SIVAKUMARAN

Keyword(s):

International Law ◽

Law School ◽

Law Firm ◽

Netherlands Society ◽

International Courts ◽

Court Of Justice ◽

International Court ◽

University College London ◽

The case concerning Military and Paramilitary Activities in and against Nicaragua, better known as the ‘Nicaragua case’ or simply Nicaragua, is arguably one of the most important and controversial cases ever to be heard by the International Court of Justice. Twenty-five years after the judgment on the merits was handed down, it is high time to reassess the impact of Nicaragua on international law. The joint efforts of the Grotius Centre of the Leiden Law School, the Centre on International Courts and Tribunals at University College London, the Netherlands Society of International Law, and the law firm Foley Hoag LLP resulted in a one-day conference, on 27 June 2011, the very day on which the judgment on the merits of the Nicaragua case was handed down, 25 years ago.

Reflections on the Territorial and Maritime Dispute between Nicaragua and Colombia before the International Court of Justice

10.1017/s0922156513000460 ◽

2013 ◽

Vol 26 (4) ◽

pp. 909-931 ◽

Cited By ~ 3

Author(s):

YOSHIFUMI TANAKA

Keyword(s):

International Law ◽

Legal Status ◽

Law Of The Sea ◽

Court Of Justice ◽

International Court ◽

The Icj ◽

The Law ◽

AbstractOn 19 November 2012, the International Court of Justice gave its judgment concerning the Territorial and Maritime Dispute between Nicaragua and Colombia. This judgment includes several important issues which need serious consideration, such the as legal status of maritime features, the interpretation and application of Article 121 of the UN Convention on the Law of the Sea, the methodology of maritime delimitations, the role of proportionality in maritime delimitations, and the impact of the judgment upon third states and effect of Article 59 of the ICJ Statute. Focusing on these issues, this contribution aims to analyse the judgment of 2012 from a viewpoint of the international law of the sea, in particular, the law of maritime delimitation.

Book V International Disputes and Courts, 25 The International Court of Justice

10.1093/law/9780198739104.003.0025 ◽

2016 ◽

Author(s):

Wilmshurst Elizabeth

Keyword(s):

United Nations ◽

International Affairs ◽

International Courts ◽

Court Of Justice ◽

International Court ◽

The Hague ◽

The United Nations ◽

United Nations Charter ◽

This chapter showcases the International Court of Justice. Located in the Peace Palace at The Hague, the Court was established by the United Nations Charter as a forum for settling international disputes. It is now one of a number of international courts, but it remains the principal judicial organ of the United Nations. Most of the detailed provisions relating to its functions and powers are to be found in the Statute of the Court which is annexed to the UN Charter and forms an integral part of it. While few diplomats in the course of their careers are likely to appear before the Court as representatives of their governments, the use of the Court to settle disputes, and the impact of the Court’s decisions more generally, are significant features of the conduct of international affairs.

Testing Compliance Theories: Towards US Obedience of International Law in the Avena Case

10.1017/s0922156506003426 ◽

2006 ◽

Vol 19 (2) ◽

pp. 511-554 ◽

Cited By ~ 3

Author(s):

DIRK PULKOWSKI

Keyword(s):

International Law ◽

International Cooperation ◽

Common Sense ◽

Cambridge University ◽

Oxford University ◽

Court Of Justice ◽

Theoretical Perspectives ◽

International Court ◽

Eyal Benvenisti and Moshe Hirsch (eds.), The Impact of International Law on International Cooperation: Theoretical Perspectives, Cambridge, Cambridge University Press, 2004, ISBN 0521835542, 330 pp., £55.00 (hb).Markus Burgstaller, Theories of Compliance with International Law, Leiden, Martinus Nijhoff, 2005, ISBN 9004141936, 244 pp., €98.00 (hb).Constanze Schulte, Compliance with Decisions of the International Court of Justice, Oxford, Oxford University Press, 2004, ISBN 0199276722, 500 pp., £75.00 (hb).Science is organized common sense where many a beautiful theory was killed by an ugly fact.Thomas H. Huxley