ICJ jurisdiction under the optional clause—relevance of legality of acts to validity of reservation to jurisdiction made in contemplation of such acts—high seas—conservation and management measures

1999 ◽  
Vol 93 (2) ◽  
pp. 502-507 ◽  
Author(s):  
Bernard H. Oxman ◽  
Barbara Kwiatkowska
Keyword(s):  
International Court Of Justice ◽  
Coastal Fisheries ◽  
Multilateral Cooperation ◽  
Fishing Vessels ◽  
Court Of Justice ◽  
Management Measures ◽  
International Court ◽  
Conservation And Management ◽  
Made In ◽  
High Seas

Fisheries Jurisdiction (Spain v. Canada), Jurisdiction.International Court of Justice, December 4, 1998.On May 10, 1994, Canada filed an amended declaration accepting the jurisdiction of the International Court of Justice (ICJ). New paragraph 2(d) excluded “disputes arising out of or concerning conservation and management measures taken by Canada with respect to vessels fishing in die NAFO Regulatory Area, as defined in the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, 1978, and the enforcement of such measures.” Two days later, the Canadian Coastal Fisheries Protection Act (CFPA) and implementing regulations were amended to authorize the enforcement under certain circumstances of conservation measures applicable to foreign fishing vessels in the high seas areas to which the reservation adverted.

Equitable Delimitation of Continental Shelf

1979 ◽  
Vol 73 (1) ◽  
pp. 60-88 ◽  
Author(s):  
M. D. Blecher
Keyword(s):  
United States ◽  
Continental Shelf ◽  
Geneva Convention ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Rules And Principles ◽  
Made In

The fons et origo of much law concerning the continental shelf, the Truman Proclamation of September 28, 1945, declared that in cases where the continental shelf off the coast of the United States extended to the shores of another state or was shared with an adjacent state, the boundary should be determined by the United States and the state concerned “in accordance with equitable principles.” A number of subsequent declarations, such as those of Saudi Arabia and the various coastal sheikhdoms on the Arabian Peninsula, have contained similar statements. In the North Sea Continental Shelf case the International Court of Justice, having found the delimitation provisions of the 1958 Geneva Convention on the Continental Shelf to be inapplicable as between the parties, began its exposition of the basic rules and principles to be applied as follows: “(1) delimitation is to be effected by agreement in accordance with equitable principles.” Although the 1958 Geneva Convention did not explicitly require delimitation to be made in accordance with equitable principles, it has been interpreted as requiring such delimitations. Article 83, paragraph 1 of the Informal Composite Negotiating Text of the Third United Nations Law of the Sea Conference expressly states that the delimitation of the continental shelf between adjacent or opposite states shall be effected by agreement in accordance with equitable principles. Whether or not Article 83, paragraph 1 is eventually accepted, it would seem that notions of equity are likely to continue to play an important part in the determination of continental shelf boundaries.

Important Improvements in the Functioning of the Principal Organs of the United Nations that Can be Made Without Charter Revision

1997 ◽  
Vol 91 (4) ◽  
pp. 652-662 ◽  
Author(s):  
Louis B. Sohn
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
First Category ◽  
International Court ◽  
The United Nations ◽  
Near Future ◽  
Made In

In the last few years, many proposals have been made requiring either changes in the administration and financing of the United Nations or a revision of the Charter of the United Nations. While some progress has been made in the first category of problems, to the extent that they require primarily changes in the working of the United Nations Secretariat, it became quite obvious that a revision of the Charter is not likely to be made in the near future. It may be possible, however, to achieve important changes in the functioning of the principal organs of the United Nations—the Security Council, the General Assembly and the International Court of Justice—without revision. Pending a change in the international situation, various steps can be taken in the interim that would considerably improve the functioning of these organs, and achieve some of the desirable goals by measures that, while not ideal, will provide practical solutions for a few important problems. Several such solutions are investigated in the three sections of this essay.

18. The Means of Dispute Settlement

2018 ◽  
Author(s):  
John Merrills
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Historical Record ◽  
International Court Of Justice ◽  
Regional Organizations ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Made In

This chapter discusses the various methods available for the peaceful settlement of international disputes. These include diplomatic methods (negotiation, mediation, inquiry, and conciliation), and legal methods (arbitration, the International Court of Justice, other courts and tribunals, and the place of legal methods). The role of the United Nations and regional organizations is also considered. Discussion covers the role of international law and its place in international relations, and dispute settlement generally. The text is illustrated with analysis of current and past disputes in which the various methods have been used—either successfully or unsuccessfully. The historical record shows first, that over the last two hundred years huge progress has been made in developing and refining the methods for handling international disputes, and secondly, that despite, or perhaps because of, differences between the various methods, their interaction and use in combination are often important factors in determining their effectiveness in practice.

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