Forum Prorogatum Returns to the International Court of Justice

2003 ◽  
Vol 16 (4) ◽  
pp. 701-713 ◽  
Author(s):  
SIENHO YEE
Keyword(s):  
Criminal Proceedings ◽  
Judicial Process ◽  
National Interests ◽  
International Court Of Justice ◽  
General Acceptance ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj

The ICJ interpreted Article 36(1) of its Statute – more specifically, the phrase ‘all cases which the parties refer to it’ – as permitting it to adopt the doctrine of forum prorogatum as a jurisdictional principle and to adapt this doctrine to the circumstances of international judicial process, as an informal way of founding its jurisdiction over the merits of a dispute. The resort to this doctrine has given rise to some concerns and has not received the general acceptance of states. The Certain Criminal Proceedings in France case marks the successful return of the doctrine to the ICJ and shows that the doctrine is a valuable tool for nationalists seeking to protect national interests and for internationalists seeking to promote the peaceful settlement of international disputes.

Judge Vereshchetin: A Russian Scholar at the International Court of Justice

2006 ◽  
Vol 19 (3) ◽  
pp. 719-740 ◽  
Author(s):  
SERGEY PUNZHIN ◽  
NATHALIE WILES
Keyword(s):  
International Law ◽  
The Body ◽  
Self Determination ◽  
Law Of The Sea ◽  
Judicial Process ◽  
International Court Of Justice ◽  
Diplomatic Protection ◽  
Court Of Justice ◽  
International Court ◽  
The Icj

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).

19. The International Court of Justice

2018 ◽  
Author(s):  
Hugh Thirlway
Keyword(s):  
Security Council ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
The Subject ◽  
Settlement Of Disputes ◽  
Advisory Opinions

The International Court of Justice (ICJ), which is defined in the UN Charter as the ‘principal judicial organ’ of the United Nations, is a standing mechanism for the peaceful settlement of disputes between States. It may also give advisory opinions on the law, at the request of the Security Council and General Assembly, or of other UN organs and specialized agencies that are so authorized by the General Assembly. No dispute can be the subject of a decision of the Court unless the States parties to it have consented to the Court’s jurisdiction over that specific dispute. This chapter discusses the history, structure, and composition of the Court, the ways in which jurisdiction is conferred upon it, its procedure, and the nature and effect of decisions (judgments and advisory opinions) of the ICJ.

Immunities and Criminal Proceedings (Equatorial Guinea v. France) (I.C.J.)

2021 ◽  
pp. 1-96
Author(s):  
Péter Kovács
Keyword(s):  
Legal Status ◽  
Equatorial Guinea ◽  
Criminal Proceedings ◽  
International Court Of Justice ◽  
Charles De Gaulle ◽  
Court Of Justice ◽  
International Court ◽  
De Gaulle

On December 11, 2020, the International Court of Justice (ICJ or Court) delivered by majority its judgment on the merits of the litigation between Equatorial Guinea and France concerning the legal status of a building at 42 Avenue Foch, situated in Paris, in the very elegant 16th district, close to the Arc de Triomphe (Place de l'Étoile/Place Charles de Gaulle).

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

The International Court of Justice in Asia: Interpreting the Temple of Preah Vihear Case

2014 ◽  
Vol 5 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Simon CHESTERMAN
Keyword(s):  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
General Preference ◽  
Preah Vihear ◽  
The Temple

This essay examines the 2013 Decision by the International Court of Justice interpreting its 1962 Judgment in the Temple of Preah Vihear case between Cambodia and Thailand, situating the more recent decision in the context of the Court's evolving role in Asia. Only eight Asian states have accepted the compulsory jurisdiction of the Court; only nine have ever appeared before it. The narrowness of the recent decision is of interest in part because of the modest role it ascribes to judicial institutions, but also for what this modesty heralds for the Court's status in Asia. A key conclusion is that Asian states are likely to retain a general preference for bilateral resolution of disputes. For smaller disputes, however, especially those concerning subjects that cannot be divided or traded—such as a temple (and, as we shall see, an island)—the ICJ may play an important role.

scholarly journals States’ Mouthpieces or Independent Practitioners? The Role of Counsel before the ICJ from the Perspective of the Legal Value of their Oral Pleadings

2021 ◽  
Vol 20 (1) ◽  
pp. 54-76
Author(s):  
Marco Longobardo
Keyword(s):  
International Law ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Icj ◽  
Treaty Interpretation

Abstract This article explores the role of counsel before the International Court of Justice, taking into account their tasks under the Statute of the Court and the legal value of their pleadings in international law. Pleadings of counsel constitute State practice for the formation of customary international law and treaty interpretation, and they are attributable to the litigating State under the law on State responsibility. Accordingly, in principle, counsel present the views of the litigating State, which in practice approves in advance the pleadings. This consideration is relevant in discussing the role of counsel assisting States in politically sensitive cases, where there is no necessary correspondence between the views of the States and those of their counsel. Especially when less powerful States are parties to the relevant disputes, the availability of competent counsel in politically sensitive cases should not be discouraged since it advances the legitimacy of the international judicial function.

scholarly journals Custom as a Source Under Article 21 of the Rome Statute

2021 ◽  
pp. 1-13
Author(s):  
Amit KUMAR
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Principle Of Legality

Abstract The adoption of the Rome Statute is a significant moment for international criminal law. Before its formulation, the criminal law was governed by the sources mentioned in their statute or Article 38 of the Statute of the International Court of Justice [ICJ Statute]. Custom is one of the important sources within the ICJ Statute. The ad hoc tribunals applied custom and even formulated certain customs. The formulation of custom is considered as against the principle of legality. To avoid such criticism, the State Parties inserted Article 21 in the Rome Statute. The provision clarifies the law which the court can apply. The parties chose not to include custom explicitly. However, the wordings of the provision indicate that the custom is still a source for the court. Apart from the wording of Article 21, other provisions of the Statute give ample scope for the application of custom.

scholarly journals Third State Intervention before the International Court of Justice in International Environmental Law Cases

2021 ◽  
Author(s):  
◽  
Franziska Liebelt
Keyword(s):  
Environmental Law ◽  
Environmental Issues ◽  
State Intervention ◽  
International Environmental Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Nuclear Tests ◽  
The Antarctic

<p>Third state intervention before international institutions originated in international arbitration around 1875 and has been included in the statute of the International Court since the foundation of the Permanent Court of International Justice (PCIJ) and is therefore no new phenomenon. Today, most systems of international dispute settlement provide for the possibility of third state intervention. Nevertheless intervention before the International Court of Justice (ICJ) has been used by states sparsely and seems underdeveloped. The statute of the ICJ provides for two ways of intervention in its arts 62 and 63. There have been few applications under these provisions. Looking at the court’s orders in these few cases, the court seems to have adopted a restrictive approach towards allowing applications to intervene. This paper looks at the institution of intervention in the area of international environmental law disputes. There have been two relevant disputes of this kind before the ICJ: the Nuclear Tests litigation and the recent litigation of Whaling in the Antarctic. Both of these cases dealt with the question of state obligations towards the protection of the environment. The applications to intervene in Nuclear Tests failed for reasons that will be explained in more detail below. New Zealand’s application to intervene in Whaling in the Antarctic was authorized by the ICJ on the 6 February 2013 under art 63 of the Statute of the ICJ. The case is exceptional in that it is only the second time the ICJ allowed intervention under art 63. Both cases demonstrate that there are environmental issues that concern more than only the nations that are parties to the dispute. They indicate that intervention plays a particularly strong role in environmental issues because these issues by their nature often affect more than just two states. This paper analyses how the shared environmental concern of the international community might lead to an extension of intervention before the ICJ. It further more looks at the issues that arose before the court in connection with the intervention in Whaling in the Antarctic and how these issues were dealt with.</p>

Election of the Registrar and Deputy-Registrar of the ICJ

1987 ◽  
Vol 81 (3) ◽  
pp. 762-762
Keyword(s):  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj

On February 19, 1987, the International Court of Justice elected Eduardo Valencia-Ospina to the post of Registrar to succeed Santiago Torres Bernárdez, who had resigned for personal reasons several months before the expiry of his term of office. Mr. Valencia-Ospina had served as Deputy-Registrar since April 1984. He had previously served in the Office of Legal Affairs of the UN Secretariat. In accordance with Article 22 of the Rules of Court, he was elected for a term of 7 years.

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