Case Analysis: Counterclaims Before the International Court of Justice: The Genocide Convention and Oil Platforms Decisions

1999 ◽  
Vol 12 (1) ◽  
pp. 197-229 ◽  
Author(s):  
Hugh Thirlway
Keyword(s):  
Subject Matter ◽  
Case Analysis ◽  
Genocide Convention ◽  
Direct Connection ◽  
International Court Of Justice ◽  
Oil Platforms ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Subject

The provisions of the ICJ Rules of Court concerning counter-claims have fallen to be applied in two recent cases, in circumstances such the Court has had to examine the nature of a counter-claim and the conditions for its admission as such, and in particular the nature of the ‘direct connection’ with the subject-matter of the application, required by the Rules. In each case the counter-claim was admitted, over the dissent of some judges: these decisions are probably justified, even though some aspects of the reasoning may be criticised.

When Ethnic Cleansing is not Genocide: A Critical Appraisal of the ICJ's Ruling in Croatia v. Serbia in relation to Deportation and Population Transfer

2015 ◽  
Vol 28 (4) ◽  
pp. 937-944
Author(s):  
MARTIN STEINFELD
Keyword(s):  
Critical Appraisal ◽  
Genocide Convention ◽  
Ethnic Cleansing ◽  
Population Transfer ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Actus Reus ◽  
The Icj ◽  
Judicial Recognition

AbstractThis article critically examines the concept of ethnic cleansing in light of the ruling of the International Court of Justice (ICJ) in Croatia v. Serbia. It suggests that the lack of overt reference to it in the Genocide Convention constitutes a significant lacuna in judicial recognition and protection of atrocities committed in both the Former Yugoslavia and more generally, which the ICJ categorically refused to address. Having examined how the ICJ attempted to conceptualize ethnic cleansing as evidence of both the actus reus of genocide (particularly in relation to Article II(c) of the Convention) and its mens rea, the article then critically assesses the Court's reasoning in its refusal to rule that a violation of the Convention had taken place in relation to deportation and forcible transfer. The article then concludes by contending that the Court simply failed to provide a much-needed and workable precedent to properly include ethnic cleansing within the legal and factual matrix of genocide.

Bolivia-Chile border issue will benefit Morales

2018 ◽  
Keyword(s):  
Good Faith ◽  
Water Usage ◽  
International Court Of Justice ◽  
Content Type ◽  
International Jurisdiction ◽  
Court Of Justice ◽  
International Court ◽  
The Pacific ◽  
The Icj ◽  
The Subject

Significance Oral hearings regarding the dispute begin at the International Court of Justice (ICJ) on March 19 and will last for nine days. The case is unusual in that the plaintiff (landlocked Bolivia) wishes to oblige the defendant (Chile) to negotiate a territorial settlement ‘in good faith’ to restore its access to the sea. Chile, which has long sought to prevent the issue becoming the subject of international jurisdiction, asserts the matter is purely bilateral. Impacts Peru is likely to play a role in any eventual scheme to give Bolivia access to the Pacific. International opinion will remain sympathetic to Bolivia’s claim but, ultimately, unable to force a solution. With Chile also taking Bolivia to the ICJ over water usage, any territorial resolution may depend on that issue’s progress.

The Subject Matters: The ICJ and Human Rights, Rights of Shareholders, and the Diallo Case

2011 ◽  
Vol 24 (3) ◽  
pp. 607-625
Author(s):  
ANNEMARIEKE VERMEER-KÜNZLI
Keyword(s):  
Human Rights ◽  
International Court Of Justice ◽  
Corporate Rights ◽  
Doing Business ◽  
Court Of Justice ◽  
Foreign Countries ◽  
International Court ◽  
The Icj ◽  
The Subject

AbstractOn 30 November 2010, the International Court of Justice issued its decision in the merits phase of the Ahmadou Sadio Diallo case. This decision turned on the questions of whether the DRC had violated Mr Diallo's human rights and his rights as a shareholder and manager in two corporations he owned in the DRC. This paper analyses the decision of the Court in the light of the choices it made and the methodology it applied, and demonstrates that both issues raise fundamental questions. The Court's decision on Mr Diallo's human rights is often ambitious to the detriment of clarity, whereas the part of the judgment dealing with corporate rights does not seem to move beyond its 1970 predecessor in Barcelona Traction. While understandable, this is also regrettable and the consequences for individuals doing business and/or residing in foreign countries may be substantial.

THOU SHALT NOT VIOLATE PROVISIONAL MEASURES

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Xiaodong Yang
Keyword(s):  
United States ◽  
United States Of America ◽  
Genocide Convention ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Subject ◽  
First Time

In its judgment in the LaGrand case (Germany v. United States of America), delivered on 27 June 2001, the International Court of Justice found, for the first time in its history, that its orders indicating provisional measures were legally binding. This has long been the subject of extensive controversy, but the Court has traditionally refrained from stating its views on this point, even though such orders are frequently disregarded (e.g., in Anglo-Iranian Oil Co. (1951), Fisheries Jurisdiction (1972), Diplomatic Staff in Tehran (1979) and Genocide Convention (1993)). In LaGrand the Court adopted a positive stand on provisional measures and displayed full readiness to draw serious consequences from non-compliance therewith. One can expect that the important ruling in this case will have a far-reaching impact on future attitudes toward the Court’s provisional measures.

Case Analysis: The Gabčíkovo-Nagymaros Case Seen in Particular From the Perspective of the Law of International Watercourses and the Protection of the Environment

1998 ◽  
Vol 11 (2) ◽  
pp. 287-320 ◽  
Author(s):  
Johan G. Lammers
Keyword(s):  
International Law ◽  
Critical Analysis ◽  
Case Analysis ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Rules And Principles ◽  
The Subject ◽  
State Succession ◽  
The Law

The subject-matter of this article is the Judgment of the International Court of Justice in the Gabčíkovo-Nagymaros case. Following an exposition of the relevant facts, it continues with a critical analysis of the Judgment of the Court. In addition to a brief analysis of the issues involving the law of treaties, the law of state responsibility, the law of state succession, and the treaty obligations of Hungary and Slovakia relating to the use of Danube water and the protection of its environment, it focuses on the rules and principles of general international law concerning the use of international watercourses and the protection of the environment that were applied by the Court in this case.

scholarly journals Protection Rohingyas through International Adjudication-Decoding Provisional Measures of International Court of Justice in The Gambia vs. Myanmar.

2020 ◽  
Vol 3 (1) ◽  
pp. 1-9
Author(s):  
Swargodeep Sarkar
Keyword(s):  
The Gambia ◽  
Genocide Convention ◽  
Special Focus ◽  
International Court Of Justice ◽  
Security Forces ◽  
Language And Culture ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
International Adjudication

United Nations Secretary-General Antonio Guterres acknowledged Rohingya, “one of, if not the, most discriminated people in the world”. In Myanmar, a country with a Buddhist majority, around a million Rohingya who is the minority having their language and culture, have been persecuted for decades. In the year 2014 census, Myanmar excluded Rohingya by denying basic citizenship. Thousands of Rohingya have fled to neighbouring States after facing persecution orchestrated by Myanmar security forces with the help of local Buddhist mobs. In this background, the Gambia with the help of Organisation of Islamic Cooperation filed the case in the International Court of Justice, alleging that the actions perpetrated by Myanmar violated the provisions of Genocide Convention 1948 to which both States are the parties. Myanmar rightly questioned the standing of Gambia as the interest of Gambia was not threatened or at stake. So, in the absence of a cause of action or rights of the Gambia not affected even remotely, the International Court of Justice should not entertain the case. One of the major issues before the Court whether the Gambia has stood without being affected directly from the violations alleged to have been committed on the Rohingya. The present author will discuss the provisional measures rendered by the ICJ on 23rd January 2020 and the challenges such as jurisdiction, admissibility, urgency or irreparable prejudice condition, faced by the Court with a special focus on the “Plausibility requirement” in provisional measures.

Ad Hoc Chambers of the International Court of Justice

1987 ◽  
Vol 81 (4) ◽  
pp. 831-854 ◽  
Author(s):  
Stephen M. Schwebel
Keyword(s):  
Subject Matter ◽  
Ad Hoc ◽  
Legal Systems ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The World ◽  
The Subject

The International Court of Justice formed its first Chamber for dealing with a particular case in 1982; its second, in 1985; and, in 1987, its third and fourth ad hoc Chambers. This article examines what appears to be an accelerating trend toward recourse to ad hoc Chambers in the light of the provisions of the Statute and Rules of the Court and of its pertinent practice to date. The discussion seeks to elucidate four principal questions: •What is the subject matter that such a Chamber may properly dispose of?•Must such a Chamber be representative of the main forms of civilization and of the principal legal systems of the world?•How many judges shall constitute an ad hoc Chamber?•Shall the parties to the case have a voice in determining the composition of the Chamber as well as in the number of judges constituting it? Finally, this article appraises the record and potential of recourse to Chambers for dealing with a particular case.

scholarly journals International Court of Justice and the threat of use of force

2020 ◽  
pp. 1-20
Author(s):  
Durmishkhan Givievich Afkhazava
Keyword(s):  
International Law ◽  
Use Of Force ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Subject

The subject of this research is the threat of use of force in the practice of interpretation of the International Court of Justice (ICJ). Special attention is paid to the analysis of formulations of court rulings regarding violations of the principle of non-use of force and threat of use of force. The practice of the ICJ on interpretation of the threat of use of force is directly tied to the practice of the Court on interpretation of the concept of use of force. The research explores rulings on interpretation of the threat of use of force in international law, dissenting opinions of judges, as well as position and arguments of sides. The work reflects the context of circumstances that served as the basis for Court’s decisions. In author’s opinion, major role is played by the circumstances contributing to the Court’s identification and interpretation of international law pertaining to the threat of use. This is first research within Russian doctrine dedicated to practice of interpretation of the threat of use of force in international law by the International Court of Justice. The conclusions reflected in this article allow fully formulate the Court’s stance on the threat of use of force.

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