scholarly journals Notes on the International Court of Justice (Part 8)—Interim Accord (FYROM v. Greece) and the Settlement of the Macedonian Name Dispute: Knowing and Seizing upon Many Things or One Big Thing in Treaty Interpretation and International Dispute Settlement in General

2019 ◽  
Vol 18 (3) ◽  
pp. 473-502
Author(s):  
Sienho Yee
Keyword(s):  
Dispute Settlement ◽  
State Party ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Dispute ◽  
The Icj ◽  
Treaty Interpretation ◽  
Final Agreement ◽  
The One

Abstract During the lead-up to the Final Agreement settling the Macedonian name dispute, apparently no or scant mention was made of the Interim Accord (FYROM v. Greece) case that FYROM brought in 2008 and won overwhelmingly in 2011 against Greece at the International Court of Justice (“ICJ” or the “Court”). This paper highlights the structure and main points of the ICJ judgment in the Interim Accord case and analyzes the part of the judgment on the main substantive issue. The paper argues that, even on its own terms, the Court’s judgment did not conduct the interpretation exercise to the full and further that the experience with the Court’s judgment in this case does flash a warning light to any decision-maker that it must not lose sight of “the one big thing”, which may vary from case to case, in a dispute settlement endeavor if it wants to have its decision implemented. This experience also teaches any State party in a dispute that it may have to know and unyieldingly seize upon the one big thing in the dispute settlement effort in order to achieve its goal.

12. International dispute settlement and the ICJ

2019 ◽  
pp. 299-322
Author(s):  
Gleider Hernández
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Third Party ◽  
International Court Of Justice ◽  
Principal Characteristics ◽  
Court Of Justice ◽  
International Court ◽  
Prior Consent ◽  
International Dispute ◽  
The Icj

This chapter examines the various political or diplomatic methods available for international dispute settlement. These methods include negotiation, mediation or ‘good offices’, inquiry, and conciliation. The array of diplomatic techniques available to parties to resolve a dispute is complemented by various means of settling disputes through the application of binding solutions based on the law. Two in particular, arbitration and adjudication, principally developed from earlier forms of non-binding settlement. Though these are different, they are linked by two principal characteristics. Foremost, they allow for a third party to issue a decision that is binding on the parties. Second, resorting to these methods requires the prior consent of the parties. The chapter then considers the International Court of Justice, the ‘principal judicial organ’ of the United Nations. The ICJ’s structure was frequently utilized as a model for later judicial institutions, making an enormous contribution to the development of international law.

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.

10. Peaceful settlement of disputes

2019 ◽  
pp. 128-143
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Dispute Settlement ◽  
General Assembly ◽  
International Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
Un General Assembly ◽  
The One ◽  
Settlement Of Disputes ◽  
Advisory Opinions

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

scholarly journals On the International Court of Justice and the Determination of Rules of Law

2013 ◽  
Vol 26 (2) ◽  
pp. 243-251 ◽  
Author(s):  
SANTIAGO VILLALPANDO
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Mission Statement ◽  
Legal Theory ◽  
General Nature ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Dispute

In the process of selection of articles for the International Court of Justice section at the Editorial Board of the Leiden Journal of International Law (LJIL), we tend to be seduced by those manuscripts which are effective in making use of the jurisprudence of the Court as an instrument to engage in an in-depth examination of substantive legal issues of a general nature. This reflects our conviction – hardly an original one, since it appears to be shared by our entire legal community – that the Court has a fundamental role to play in the advancement of international law as a legal system. It also echoes an idea that is present in the mission statement of our journal, which is conceived as ‘a forum for two vital areas, namely international legal theory and international dispute settlement’, thus establishing an intrinsic link between them. But how is the Court's contribution to the development of international law to be assessed? And what do we expect from a scholarly piece examining its case law in this respect?

scholarly journals Legal justifications for gender parity on the bench of the International Court of Justice: An argument for evolutive interpretation of Article 9 of the ICJ Statute

2021 ◽  
pp. 1-24
Author(s):  
Jessica Lynn Corsi
Keyword(s):  
International Human Rights Law ◽  
International Court Of Justice ◽  
Gender Parity ◽  
Court Of Justice ◽  
Article 9 ◽  
International Court ◽  
The Icj ◽  
Rules Of Procedure ◽  
Treaty Interpretation ◽  
The Law

Abstract The UN General Assembly and the UN Security Council should amend their rules of procedure to create gender parity on the bench of the International Court of Justice. Only 3.7 per cent of all judges on the ICJ have been women. The UN Charter, ICJ Statute, and long-standing practice of the Court underscore the importance of representation, but the focus has been on geographical representation. Using the law of international organizations, combined with the law of treaty interpretation and international human rights law, this article argues that Article 9 of the ICJ Statute should be interpreted to include a requirement of gender parity. Established practice, subsequent practice, and the UN’s multi-decade gender parity in staffing policy establish an evolutive interpretation of what is required to fulfil equality at the UN and the ICJ. The nomination and election procedures for ICJ judges are sufficiently flexible to facilitate this interpretation.

10. Peaceful settlement of disputes

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Dispute Settlement ◽  
General Assembly ◽  
International Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
Un General Assembly ◽  
The One ◽  
Settlement Of Disputes ◽  
Advisory Opinions

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization

32. Third party settlement of international disputes

2019 ◽  
pp. 692-716
Author(s):  
James Crawford
Keyword(s):  
Dispute Settlement ◽  
International Investment ◽  
Third Party ◽  
International Court Of Justice ◽  
The Third ◽  
Court Of Justice ◽  
Wto Dispute Settlement ◽  
International Court ◽  
International Dispute ◽  
The Third Party

This chapter discusses the third party settlement of international disputes. It covers arbitration and the origins of international dispute settlement; the idea of judicial settlement of international disputes; the International Court of Justice, interstate arbitration, dispute settlement under UNCLOS, the WTO dispute settlement body, and international investment tribunals.

International Dispute Settlement

2016 ◽  
Author(s):  
Roda Verheyen ◽  
Cathrin Zengerling
Keyword(s):  
Climate Change ◽  
International Law ◽  
Dispute Settlement ◽  
Future Climate Change ◽  
Marine Resources ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Dispute ◽  
International Climate

This chapter discusses international dispute settlement in the context of climate change. It looks into where international disputes that relate to climate have been heard and those, such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), which have the potential to hear such disputes. As it forms as the backbone of the international climate change regime, the United Nations Framework Convention on Climate Change (UNFCCC) is also analysed. The chapter gives special attention to the ITLOS as among its main potentials of becoming a forum for future climate change litigation are its jurisdiction on substantive international law with comparatively strong rules on use and protection of marine resources and the marine environment.

scholarly journals Implementation of the Implied Powers Doctrine by the UN International Court of Justice

2021 ◽  
pp. 152-162
Author(s):  
Yu. V. Shchokin
Keyword(s):  
International Organizations ◽  
Armed Conflict ◽  
International Organization ◽  
International Court Of Justice ◽  
Judicial Practice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The One ◽  
Advisory Opinions

The article provides for an overview and analysis of the UN ICJ’s practice on implementation of the implied powers doctrine. Main Court’s cases (judgments and advisory opinions) related to this doctrine were examined (Reparation for Injuries Suffered in the Service of the UN (1949), Effect of Awards of Compensation made by the UN Administrative Tribunal (1954), Certain Expenses of the UN (1962), Legality of the Use by a State of Nuclear Weapons in Armed Conflict (1996), and Fisheries Jurisdiction (1998)). It is noted that the implied powers doctrine became an implementation of the principle of efficiency, which is well known in international judicial practice as the principle interpretatio fiеnda est ut res magis valeat quam pereat. It allows to interpret the charters of international organizations in a more ‘dynamic manner’. The implied powers doctrine, on the one hand, expands the limits of such interpretation, and on the other hand, it limits it. Its antipode is the doctrine of inherent powers that allows to make more broadly interpretation of the charters of international organization based only on its goals. In this connection a comparative analysis of two competing doctrines – of implied powers and inherent powers – is made. The author of the article examined the legal positions of the International Court of Justice that allow to the supporters of the inherent powers doctrine to assert that it has wide application. But, based on the methods of interpretation used by the ICJ in making these judgments and advisory opinions, he come to the conclusion that the Court fully supports exactly the implied powers doctrine.

10. Peaceful settlement of disputes

2021 ◽  
pp. 133-148
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Dispute Settlement ◽  
General Assembly ◽  
International Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
Un General Assembly ◽  
The One ◽  
Settlement Of Disputes ◽  
Advisory Opinions

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

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