scholarly journals Ziemia Eryka Rudego. Duńsko-norweski spór o terytoria na wschodzie Grenlandii

2020 ◽  
Vol 24 (4) ◽  
pp. 131-148
Author(s):  
Krzysztof Kubiak
Keyword(s):  
World War Ii ◽  
Interwar Period ◽  
Limited Time ◽  
World War ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
Territorial Claims ◽  
Geographical Space

Eric The Red’s Land cannot be found on contemporary maps. There are not many older cartographic publications in which such an area would be marked either. They were published in only one country, Norway, and for a limited time. This was the result of the territorial claims that Norway reported to parts of eastern Greenland. To locate the area in geographical space, the name of Eric The Red’s Land was used (Norwegian: Eirik Raudes Land). Norwegian claims to East Greenland met the strong opposition of Denmark. In the interwar period, it seemed that the verdict of the Permanent International Court of Justice in The Hague, adopted in 1933 and recognizing Denmark’s sovereignty over all of Greenland, had ended the dispute. However, during World War II, Norway raised the issue of the possession of eastern Greenland again. This happened at a time when both Nordic countries were occupied by Germany. The cooperation with Germany undertaken by “Arctic expansionists” ultimately intersected with Norwegian ambitions in the eastern part of Greenland.

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

scholarly journals The Emergence of “Universal Jurisdiction” in Response to Somali Piracy: An Empirically Informed Critique of International Law’s “Paradigmatic” Universal Jurisdiction Crime

2019 ◽  
Vol 18 (3) ◽  
pp. 551-643
Author(s):  
Matthew Garrod
Keyword(s):  
World War Ii ◽  
International Law ◽  
Universal Jurisdiction ◽  
World War ◽  
International Court Of Justice ◽  
Customary International Law ◽  
International Crimes ◽  
Court Of Justice ◽  
International Court ◽  
State Practice

Abstract Since the 1980s, the idea that piracy is the “original” and “paradigmatic” universal jurisdiction crime in customary international law has been increasingly supported by weighty scholarship. In the wake of the unprecedented surge in Somali piracy, this view is gaining ground among various powerful actors in international law. Yet, remarkably little empirically grounded scholarship exists in support of universal jurisdiction. This Article provides the first comprehensive empirical analysis of state practice in response to Somali piracy in a ten-year period since 2006. Additionally, the data on Somali piracy are compared with the empirical findings of state practice regarding international crimes, which are more “heinous” than piracy, since the end of World War II to 2016. In so doing, this Article brings new insight and the first thorough critique of what most scholars, governments, the UN and even the International Court of Justice have said on universal jurisdiction, its purpose and the basis for it in international law. In view of inter-state tensions and conflict caused by universal jurisdiction and a move towards law codification, there is now a pressing need for a paradigm shift in the concept of universal jurisdiction for both piracy and international crimes, a step away from conventional scholarly accounts, and the grand narratives from which they proceed, to a position that has a solid basis in the actual practice of states. Empirically and historically informed, it is proposed that “universal jurisdiction” for both categories of crime provides a basis in international law permitting the exercise of national criminal jurisdiction over offences involving foreign nationals abroad that have a close nexus between the case over which jurisdiction is asserted and the state asserting jurisdiction. Common and traditionally held assumptions that universal jurisdiction is based solely on the grave nature of crimes and is applied by states absent any nexus to offences and in the interest of the international community are unfounded.

Judge Peter Kooijmans

1997 ◽  
Vol 10 (1) ◽  
pp. 122-126 ◽  
Author(s):  
Johan G. Lammers
Keyword(s):  
World War Ii ◽  
International Law ◽  
Ad Hoc ◽  
Foreign Affairs ◽  
World War ◽  
International Court Of Justice ◽  
Power Company ◽  
Court Of Justice ◽  
International Court ◽  
High Level

In a small note which Peter Kooijmans wrote to me in answer to a letter in which I congratulated him with his election as Judge in the International Court of Justice – the first Netherlands Judge in the Court after World War II apart from Professor Riphagen who only served as a Judge ad hoc in the Barcelona Traction, Light and Power Company Ltd. case – he stated that he considered himself to be a privileged man. Privileged, because the new position would allow him to continue to remain active in the field of international law considerably beyond the retirement age of 65 which applies to professors of international law and most other people in The Netherlands. Privileged, I would like to add, also in another respect. Very rarely it will be given to one person in his lifetime to fulfil so many different honourable positions in the field of international law and international relations at such a high level of responsibility as has been the case with Peter Kooijmans: Professor of public international law, United Nations Special Rapporteur on Torture, State Secretary (Staatssecretaris) for Foreign Affairs, in particular disarmament matters (1973–1977), Minister for Foreign Affairs and, finally, Judge in the International Court of Justice.

The Doctrine of the Equality of Nations in International Law and the Relation of the Doctrine to the Treaty of Versailles

1920 ◽  
Vol 14 (4) ◽  
pp. 540-564 ◽  
Author(s):  
S. W. Armstrong
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Treaty Of Versailles ◽  
Court Of Justice ◽  
International Court ◽  
The Hague

The Hague Conference of 1907 had for one of its objects the formation of an international court of justice, the decisions of which were to systematize international law and resolve its inconsistencies. Such an international court, the “Court of Arbitral Justice,” was approved in principle by the Conference, but failed to be established because the Conference was unable to agree on the composition of the court.

Stained Glass Windows, the Great Hall of Justice of the Peace Palace

2018 ◽  
pp. 463-477 ◽  
Author(s):  
Daniel Litwin
Keyword(s):  
Stained Glass ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Invented Tradition ◽  
The Hague ◽  
International Adjudication ◽  
Justice Of The Peace

This chapter critically examines The Evolution of the Peace Ideal (1914), a series of four monumental stained glass windows inside the largest courtroom at the Peace Palace in The Hague that now houses the International Court of Justice. It uses the stained glass windows to explain three structuring beliefs held by international lawyers about international adjudication. First, the ethereal effect of the stained glass and its vivid iconography signals international adjudication as essential to the achievement of peace and thus a matter of professional faith. Second, a highly structured evolutionary narrative across the four windows depicts the idea of international adjudication as progress which serves to distinguish ‘civilized’ and ‘uncivilized’ states. Third, the windows’ historicism links international adjudication to an immemorial past, an invented tradition that obfuscates significant changes to its practice and meaning over the last century.

The 1987 Elections to the International Court of Justice

1988 ◽  
Vol 25 ◽  
pp. 379-388 ◽  
Author(s):  
Edward G. Lee ◽  
Edward McWhinney
Keyword(s):  
United Nations ◽  
Security Council ◽  
Ad Hoc ◽  
Hague Convention ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
The Hague Convention

The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.

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