C.G. Weeramantry at the International Court of Justice

2001 ◽  
Vol 14 (4) ◽  
pp. 829-850 ◽  
Author(s):  
Antony Anghie
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Third World ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Rule

This article discusses the judicial vision articulated by Judge Christopher Weeramantry in his time as a member of the International Court of Justice. It seeks to trace the development of his vision by examining his earlier writings, and the factors which shaped his approach to international law. It discusses some of the key elements of his vision: his sensitivity to Third World concerns, his attempts to create a universal international law which represents all the world's cultures, and his views of the judicial function and the international rule of law.

scholarly journals The Core Requirements of the International Rule of Law in the Practice of States

2021 ◽  
Author(s):  
Noora Arajärvi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Court Of Justice ◽  
The Core ◽  
Court Of Justice ◽  
International Court ◽  
Core Elements ◽  
Minimum Requirements ◽  
Core Requirements ◽  
International Rule

AbstractIs it possible to identify some foundational elements of international law that can be generally accepted by all States? Can such core elements reach a normative threshold to be considered requirements rather than “values” or “virtues” ? And finally, what are these core requirements of the international rule of law? This contribution propositions that, indeed, such core elements exist, identifies them—non-arbitrariness, consistency and predictability—from the practice of States at the international level and conceptualises them as the minimum requirements of the international rule of law. It presents an empirical study of statements of governments at the United Nations (UN) during a five-year period (2012–2017), accompanying the relevant findings with references to decisions and opinions of the International Court of Justice (ICJ).

Legal Perspectives

2018 ◽  
pp. 78-103
Author(s):  
José E. Alvarez
Keyword(s):  
International Law ◽  
Third World ◽  
Legal Positivism ◽  
Scholarly Work ◽  
Soft Or ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
State Actors ◽  
Legal Frameworks

This chapter surveys how international legal scholars have catalogued and sought to explain the legal impact of the UN even though its political and judicial organs have not been delegated the power to make law. It explains how the UN attempts to adhere to, but also challenges, the traditional sources of international law—treaties, custom, and general principles—contained in the Statute of the International Court of Justice. It enumerates how the turn to UN system organizations—amidst newly empowered non-state actors, increasing resort to ‘soft’ or ‘informal’ norms, and recourse to institutionalized processes—have led to distinct legal frameworks such as process or deliberative theories, interdisciplinary ‘law and’ approaches, feminist and ‘Third World’ critiques, and scholarly work that renews attention to or revises legal positivism.

The International Rule of Law

2015 ◽  
Vol 28 (3) ◽  
pp. 403-417 ◽  
Author(s):  
KENNETH J. KEITH
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Court Of Justice ◽  
The Rule Of Law ◽  
Peaceful Settlement ◽  
International Court ◽  
Personal Qualities ◽  
The Difference ◽  
International Adjudication ◽  
International Rule

AbstractThe ‘rule of law’ is a concept at the very heart of the United Nations (UN) mission declared its Secretary-General, Kofi Annan. What does the concept mean internationally? The paper considers its role in international adjudication; in the UN more generally; in terms of the acceptances of the compulsory jurisdiction of the International Court of Justice (ICJ); the difference between thick and thin definitions of the concept; equality before the law; the requirement of clarity and certainty by reference to interpretation of treaties and maritime delimitation; compliance by Governments with international law; and the peaceful settlement of international disputes; and concludes with the importance of personal qualities and professional qualities.

scholarly journals Judicial avenues for upholding the international rule of law: the downing of MH17 case

Eudaimonia ◽  
2021 ◽  
pp. 5-36
Author(s):  
Mina Radončić
Keyword(s):  
Rule Of Law ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Legal Proceedings ◽  
Legal Remedies ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
The Individual ◽  
International Rule

The article seeks to identify the means in which key principles of the international rule of law are applied in practice. It postulates that the plurality of available legal remedies fosters the international rule of law development. The article evaluates the ongoing and potential legal proceedings against States in relation to the 2014 downing of flight MH17 and their interplay. With the exception of the individual and the Dutch inter-State application, three international bodies are currently tackling the dispute from a perspective wider than the MH17 incident – namely, the situation in Eastern Ukraine (and Crimea). The objective of this article is to showcase the different efforts to bring justice by ramifying the MH17 case within them. The article chiefly focuses on the ongoing proceedings seeking State responsibility – the International Court of Justice (ICJ), and the European Court of Human Rights (ECtHR).

scholarly journals The Need to be Rid of the Idea of General Customary Law

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 319-323
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Customary Law ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Deliberative Reasoning ◽  
Hans Morgenthau

B.S. Chimni's study of customary international law (CIL) is a review of its role both as a supporter of the existing global capitalist order and as a potential instrument to challenge that order in favor of a postmodern deliberative reasoning as the shaper of a new CIL. It has been my view, since the The Decay of International Law? in 1986, that general customary international law is not an intelligible concept and not actually used in practice to demonstrate empirically the existence of any rule of law. I follow Hans Morgenthau, who wrote in 1940 in the American Journal of International Law that the manner in which the International Court of Justice (ICJ) uses this concept is to decide what it likes and call it customary law. I reiterated this view in my review of the ICJ in the first edition of my Philosophy of International Law in 2007. While Chimni quotes my writings on general custom frequently and very positively in his article, this is always to support a progressive customary law and never to do what I would propose, which is to make a complete break with CIL in favor of an independent approach to the problems it is supposed to answer.

The Promise of Solid Ground: Arab Territorial Disputes and the Discourse of International Law

2008 ◽  
Vol 10 (1) ◽  
pp. 73-99 ◽  
Author(s):  
Michelle Burgis
Keyword(s):  
International Law ◽  
Third World ◽  
Territorial Disputes ◽  
International Court Of Justice ◽  
Colonial Era ◽  
Post Colonial ◽  
Discursive Strategies ◽  
Law And Politics ◽  
Court Of Justice ◽  
International Court

AbstractWhy have Arab states chosen to solidify their boundaries through International Court of Justice (ICJ) adjudication? What patterns of discourse emerge in reading the pleadings and what can we conclude more broadly about international law's legitimacy in this 'post' colonial era? The following article demonstrates the value of applying critical methodologies to territorial adjudication. In particular, the article reveals how the dichotomy between law and politics is the central linguistic device structuring both legal speech and its silences. Discursive strategies are highlighted to show the extent to which Third World – and especially Arab – experiences continue to be silenced by the conventions of ICJ speech.

Introductory Note

2017 ◽  
Author(s):  
John G. Merrills
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Introductory Note

In 2015 the International Court of Justice (ICJ) gave three judgments and made a number of orders. In various ways this jurisprudence, although modest in extent, contributed to the elucidation of international law on several procedural, as well as substantive matters. In that year no new cases were begun, but one case was discontinued. At the beginning of 2016 there were therefore ten cases on the Court’s docket. The Court’s work in 2015 demonstrates that through its decisions it continues to assist states to resolve their international disputes peacefully and at the same time to contribute to the clarification and development of international law.

Consolidation of Statehood through Membership in the UN: Some Remarks on Kosovo, Democracy and International Law

2018 ◽  
Vol 43 (3) ◽  
pp. 331-349
Author(s):  
Iliriana Islami ◽  
Remzije Istrefi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
State Building ◽  
Former Yugoslavia ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Building Process

Kosovo declared its independence on 17 February 2008. Subsequently, one of the aims of Kosovo’s foreign policy was to further consolidate this position and to justify Kosovo’s prospective membership in the United Nations. This article examines the issue of recognition, elucidating how Kosovo is different from other countries and comparing it with the case of the former Yugoslavia. Other aspects in the state-building process such as ‘building constitutionalism’ will be presented as a step toward justifying recognition and membership. Furthermore, the Advisory Opinion of the International Court of Justice (ICJ) of 8 October 2008 will be presented as evidence of Kosovo’s strengthening international position in its quest for further recognition. Thus, the article will discuss and analyze the arguments in favor of Kosovo being admitted to the UN.

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