Respecting One’s Own Jurisprudence: A Plea to the International Court of Justice

1989 ◽  
Vol 83 (2) ◽  
pp. 312-317 ◽  
Author(s):  
W. Michael Reisman
Keyword(s):  
International Law ◽  
Recent Past ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future ◽  
International Adjudication ◽  
The Stability

This above all—to thine own self be true, And it must follow, as the night the day, Thou canst not then be false to any man.Hamlet, 1.3.78On two occasions in the recent past, the International Court of Justice has misstated its own prior holdings by selective quotation. In each instance, the partial quotation was invoked as authority for the opposite of what the previous Court had said. Neither matter was de minimis: in each instance, the issue for which authority was being sought was central either to the case at bar or to an important aspect of the Court’s role. The consequences for the future of international adjudication and the stability of authoritative expectation, which is such an important strut of international law, are serious and merit examination.

A Legal Journey Through the UN, Academia, and the ICJ: Conversations with Dame Rosalyn Higgins DBE, JSD, FBA, QC

2015 ◽  
Vol 15 (2) ◽  
pp. 86-94 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Formative Period ◽  
International Affairs ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Depth Interview ◽  
The Icj ◽  
Global Peace ◽  
International Adjudication

AbstractThis article, written by Lesley Dingle, is based upon an in-depth interview with Dame Rosalyn Higgins in March 2014. It highlights particular elements that characterise her contribution to legal scholarship and international adjudication, and should be read in the context of the biography presented in the Eminent Scholars Archive: http://www.squire.law.cam.ac.uk/eminent_scholars/dame_rosalyn_higgins.php. Dame Rosalyn Higgins was born in Kensington in 1937. She grew up in London during the Blitz and her matter-of-fact account of these times epitomised her later career: application to the task in hand, and a lack of a sense of expectation. After the War, she passed successively through grammar school, Girton College, Yale and the Royal Institute of International affairs, steadily immersing herself over fifteen years in the work of the United Nations during its formative period. It was on the UN's role as the global peace-keeper and international law-maker that she became the acknowledged authority. There followed a long period of formal academia (1978–95: Kent and LSE), during which she rose to high office. This experience further honed her scholarly and administrative instincts, and she was honoured in 1995 with a DBE. Later that year Dame Rosalyn was appointed to the Bench of the International Court of Justice – the first woman to rise to this position, and in 2006 was elected its President. She retired in 2009.

Functional Justiciability and the Existence of a Dispute: A Means of Jurisdictional Avoidance?

2019 ◽  
Vol 10 (4) ◽  
pp. 599-621
Author(s):  
Manuel Casas
Keyword(s):  
National Security ◽  
International Law ◽  
Arms Race ◽  
Nuclear Disarmament ◽  
Private International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Nuclear Arms Race ◽  
International Adjudication

Abstract In the recent Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament string of cases the International Court of Justice declined jurisdiction by holding that there was no dispute between the parties. This Article examines the Court’s treatment of the existence of a dispute (‘EoD’) jurisdictional objection; it does not purport to analyze the Court’s broader reliance on jurisdictional doctrines as a general means of avoiding cases. From a doctrinal perspective, this Article argues that the Court's interpretation of the EoD objection in those cases is unpersuasive. Instead, the Article contends that the Court has relied on the existence of a dispute objection as a covert or functional justiciability doctrine. That is, as a ground for discretionarily declining jurisdiction or, to borrow a term from private international law, as an escape device. The Article considers that such jurisdictional avoidance may be normatively justified as a form of principled avoidance. Normatively, the decision to rely on a procedural technicality to avoid going into the merits of a potentially explosive case may be seen as a valid exercise of judicial self-restraint—something that can aid the Court navigate the tensions created by increased skepticism of international adjudication. And policy-wise, avoiding a case on a sensible subject-matter, that touches on core aspects of defense and national security, could be accepted as a way of side-stepping potential backlash.

The International Court of Justice and the Law of the Sea-Some Reflections

1996 ◽  
Vol 11 (4) ◽  
pp. 491-532 ◽  
Author(s):  
Barbara Kwiatkowska
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The World ◽  
The Law ◽  
International Adjudication

Abstract"On the whole, the World Court has a distinguished record of achievement-even if that record is not as extensive or exemplary as one might wish. It is one of the principal tasks of the student and practitioner of international law, and, for that matter, of people the world over who are concerned with promoting a more peaceful and less lawless world, to give their critical but constructive support to the strengthening of the institutions of international adjudication, and especially the only universal such institution, the International Court of Justice." S.M. Schwebel, Justice in International Law-Selected Writings of Judge Stephen M. Schwebel (1994)

Rights Adrift: Sexual Violence Against Rohingya Women on the Andaman Sea

2021 ◽  
Vol 22 (1) ◽  
pp. 96-114
Author(s):  
Natasha Yacoub ◽  
Nikola Errington ◽  
Wai Wai Nu ◽  
Alexandra Robinson
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Legal Theory ◽  
Gender Violence ◽  
Andaman Sea ◽  
International Court Of Justice ◽  
Feminist Legal Theory ◽  
Court Of Justice ◽  
International Court ◽  
The Future

Abstract Women fleeing Myanmar in 2015 were trapped on the Andaman Sea for months when States in the region closed off places of disembarkation. Among the horrors of starvation and unsanitary conditions experienced on the boats, they faced additional risks of sexual violence. These women fled from a situation in Myanmar that severely curtailed their rights, including gender violence, which is being tried as genocide at the International Court of Justice, and were exposed to further violations while fleeing. Through interviews with survivors of the journey and those who assisted them, this article describes the experiences of these women at sea. It outlines the failure of States to apply customary principles of international law and related regional standards to protect these women. From a feminist legal theory perspective, it explores the reasons for these failures and recommends reforms to guarantee better protection at sea for women in the future.

Beyond Compliance: Law-Making through Latin American Cases before the World Court

2017 ◽  
Vol 16 (2) ◽  
pp. 245-263
Author(s):  
Paula Wojcikiewicz Almeida
Keyword(s):  
International Law ◽  
Latin American ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
American States ◽  
International Court ◽  
The World ◽  
Traditional Function ◽  
International Adjudication

Abstract Departing from a contemporary approach to international adjudication, this article aims to evaluate, firstly, the limits of compliance and its residual character when assessing the effectiveness of the International Court of Justice with regards to Latin American states. Secondly, it deals with the importance of going beyond the traditional function of inter-state dispute settlement to assess the contribution of Latin American states to international law through cases submitted to the Court, independently from case-specific compliance. This is because a judgment that has not been complied with may substantially contribute to international law and produce important impacts on domestic authorities. Latin American cases constitute an example of this phenomenon.

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.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

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