Some Observations on the ICJ’s Procedural and Substantive Innovations

1987 ◽  
Vol 81 (1) ◽  
pp. 116-121 ◽  
Author(s):  
Thomas M. Franck
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future

The decision of the International Court of Justice in the case between Nicaragua and the United States brims with important procedural and substantive implications for the future of law and adjudication in disputes between states.

scholarly journals The Other Shoe Falls: The Future of Article 36(1) Jurisdiction in the Light of Nicaragua

1987 ◽  
Vol 81 (1) ◽  
pp. 166-173
Author(s):  
W. Michael Reisman
Keyword(s):  
United States ◽  
World Order ◽  
The United States ◽  
World Politics ◽  
Secretary General ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future ◽  
The Icj

In the wake of the 1984 Judgment of the International Court on jurisdiction and admissibility issues in the Nicaragua case, the United States reviewed the utility and desirability of continued participation in the optional jurisdictional regime established by Article 36(2) of the Statute of the International Court of Justice. The Executive concluded essentially that the experiment initiated by the regime neither had succeeded nor was likely to succeed in the future; that its subscription was ragged and asymmetrical in terms of world politics; that the Court, the custodian of this mode of jurisdiction, had adopted new theories of interpretation that were inconsistent, in the U.S. view, with the thrust of the provision; that the Court itself had changed; and that, in sum, continued United States participation would discriminate against United States interests while contributing nothing to world order. Accordingly, on October 7, 1985, the Secretary of State informed the Secretary-General of the United Nations that the United States was terminating, in accord with the terms of its Declaration and the provisions of the Statute, its adherence to the optional regime under Article 36(2) of the ICJ Statute.

The United States Accepts Compulsory Jurisdiction

1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
United States Senate ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
One Year ◽  
United Nations Charter

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.

Judge Stephen Schwebel: International Jurist Extraordinaire

2011 ◽  
Vol 11 (1) ◽  
pp. 55-64 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Distinguished Career ◽  
International Court ◽  
Law Library

AbstractThis is a further contribution to the Squire Law Library Eminent Scholars Archive by Lesley Dingle. It is based on interviews with Stephen Schwebel about his distinguished career as an international jurist in the United States and at the International Court of Justice.

Discontinuance by Nicaragua of Case Against the United States

1992 ◽  
Vol 86 (1) ◽  
pp. 173-174
Keyword(s):  
United States ◽  
The United States ◽  
Technical Development ◽  
International Court Of Justice ◽  
Maximum Extent ◽  
Court Of Justice ◽  
International Court

On September 26, 1991, the International Court of Justice issued an Order recording the discontinuance by Nicaragua of the proceedings in Military and Paramilitary Activities in and against Nicaragua and the removal of the case from the Court’s list. Nicaragua had expressed its wish to discontinue the proceedings against the United States in a letter to the Court of September 12, 1991, in which it cited agreements between the two countries “aimed at enhancing Nicaragua’s economic, commercial and technical development to the maximum extent possible.”

scholarly journals Palestine Brings a Case Against the United States in the International Court of Justice at a Fraught Time for U.S.-Palestinian Relations

2019 ◽  
Vol 113 (1) ◽  
pp. 143-149
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
Palestine Liberation Organization ◽  
Optional Protocol ◽  
Court Of Justice ◽  
International Court ◽  
Settlement Of Disputes ◽  
The Relationship

While Palestine considers itself a state, the United States does not currently recognize it as such. The relationship between the two has continued to deteriorate following the December 2017 announcement that the United States would recognize Jerusalem as Israel's capital and move its embassy there. Alleging that the embassy relocation violates international law, Palestine brought a case against the United States in the International Court of Justice (ICJ) in September of 2018. The United States reacted by announcing its withdrawal from the Optional Protocol to the Vienna Convention on Diplomatic Relations Concerning the Compulsory Settlement of Disputes (Optional Protocol). Also in the fall of 2018, the Trump administration closed the Palestine Liberation Organization (PLO) office in Washington, curtailed its own Palestinian-focused mission in Jerusalem, and sharply cut U.S. funding focused on Palestinian interests.

The Process of Amending the Statute of the International Court of Justice

1970 ◽  
Vol 64 (5) ◽  
pp. 880-891 ◽  
Author(s):  
Egon Schwelb
Keyword(s):  
United States ◽  
The United States ◽  
International Justice ◽  
The Other ◽  
Recent Book ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Considerable Detail ◽  
Unanimous Consent

The Statute of the Permanent Court of International Justice did not contain a clause regulating the procedure for its amendment. This was considered to be a “gap,” an “unfortunate lacuna.” This “gap” may or may not have been deliberate. It was certainly not a “genuine” gap. In spite of the absence of a provision on amendments, the law provided a clear though inconvenient answer to the question of how the Statute could be amended, namely, by unanimous consent of all parties to it. In 1928 proceedings for the introduction of some amendments were initiated. They were incorporated in a Protocol of Amendment in 1929. The difficulties which were encountered before the Protocol of Amendment entered into force in 1936 are now history and need not be dealt with here, the less so as they have been described in considerable detail in a recent book. The Protocol of Amendment did not remedy this defect of the original Statute. As Hudson has explained, this was due to the fact that the adhesion of the United States was proposed on condition that the Statute “shall not be amended without the consent of the United States.” Such a position could hardly be accorded to the United States unless it were also maintained for the other states which were parties.

The Thirty—Third Year of the World Court

1955 ◽  
Vol 49 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Manley O. Hudson
Keyword(s):  
United States ◽  
Soviet Union ◽  
United States Of America ◽  
The United States ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
The Soviet Union ◽  
International Court ◽  
History Of

The history of the International Court of Justice in its thirty-third year is contained in narrow compass. It is chiefly confined to one judgment rendered by the Court in the Case of the Monetary Gold Removed From Borne in 1943, and to the advisory opinion given by the Court on the Effect of Awards Made By the United Nations Administrative Tribunal. Apart from these, in the Nottebohm Case between Liechtenstein and Guatemala, the time for the rejoinder of Guatemala to be filed was extended for one month, to November 2, 1954. Action was taken by the Court ordering that the “Électricité de Beyrouth” Company Case be removed from the list at the request of the French Government; the Court also ordered that two cases brought by the United States against Hungary and the Soviet Union, relating to the Treatment in Hungary of Aircraft and Crew of United States of America, should be removed from the list for lack of jurisdiction.

Bulgaria Invokes the Connally Amendment

1962 ◽  
Vol 56 (2) ◽  
pp. 357-382 ◽  
Author(s):  
Leo Gross
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Boomerang Effect ◽  
Persuasive Arguments

One of the most persuasive arguments advanced by the advocates of the repeal of the Connally Amendment has been its “boomerang effect.” While it was intended to protect the vital interests of the United States as a respondent, it also protected, on the basis of reciprocity and perhaps less intentionally, the respondent state in a case instituted before the International Court of Justice by the United States as the applicant.

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