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University of Michigan Law School

Michigan Journal of International Law

International Court of Justice

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Full-Text Articles in Law

Revisiting The International Court Of Justice Procedure For The Revision Of Judgments, Juliette Mcintyre Jun 2021

Revisiting The International Court Of Justice Procedure For The Revision Of Judgments, Juliette Mcintyre

Michigan Journal of International Law

The International Court of Justice (“ICJ”) is a court of first and last instance. Its decisions are “final and without appeal.” At first blush, this seems uncontroversial; it is a simple restatement of the well-established principle of res judicata. But if the court makes a judicial pronouncement without all the facts to hand, can one say that the decision is legitimate and authoritative? Pursuant to article 61 of the ICJ’s Statute, the court does have the authority to revise a judgment in certain, limited circumstances. Revision is a remedy that enables the court, upon the application of a party, …


The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside Jan 2007

The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside

Michigan Journal of International Law

But Lotus has perhaps drawn as much criticism as affirmation. Ian Brownlie observes that "[i]n most respects the Judgment of the Court is unhelpful in its approach to the principles of jurisdiction, and its pronouncements are characterized by vagueness and generality." Nor does there appear to be any clear consensus on the decision's core holdings; in fact, commentators have read the decision in alarmingly divergent ways. This Note avoids the legal cacophony surrounding the specific holdings of the Lotus decision, focusing instead on the Lotus principle. Scholars have persistently (and often uncritically) taken the Lotus principle at face value, citing …


Positivism Regained, Nihilism Postponed, Jose E. Alvarez Jan 1994

Positivism Regained, Nihilism Postponed, Jose E. Alvarez

Michigan Journal of International Law

Review of Law-Making in the International Community by G.M. Danilenko


The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula Jan 1991

The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula

Michigan Journal of International Law

This paper will explore the origins of the Court's unusual system of review and underscore some of its problems. Surprisingly, this issue has not been adequately expounded, although occasionally different authors have discussed particular problems, such as the participation of individuals in proceedings before the Court.