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Jurisdiction

University of Michigan Law School

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International Court of Justice

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Full-Text Articles in Law

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 …


The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez Jan 1997

The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez

Michigan Journal of International Law

This article will describe how the World Court has abstained in a way that not only expresses its commitment to principled government but also implements a coordinate, participation-inducing agenda. The article argues that the most recent jurisprudence of the ICJ manifests an acceleration of this tendency in response not only to the need to conserve judicial resources in light of the increased use of the Court by States, but also, and more significantly, to the enhanced law-making activity of the political organs of the U.N.


Going To Court, Internationally, Detlev F. Vagts May 1989

Going To Court, Internationally, Detlev F. Vagts

Michigan Law Review

A Review of The International Court of Justice at a Crossroads Edited by Lori Fisler Damrosch


Federal And International Proceedings - United States Acceptance Of International Court Of Justice Compulsory Jurisdiction, Robert Jillson Jan 1960

Federal And International Proceedings - United States Acceptance Of International Court Of Justice Compulsory Jurisdiction, Robert Jillson

Michigan Law Review

In October 1957 Switzerland, on behalf of the holding company now commonly known as Interhandel, addressed an application against the United States to the International Court of Justice (I.C.J.). Claiming I.C.J. jurisdiction by reason of the United States adherence to article 36 (2) of the Statute of the Court, Switzerland's submissions were essentially that the United States was under an obligation (1) to restore to Interhandel assets of the General Aniline and Film Corp which had been seized in 1942 pursuant to the Trading with the Enemy Act, and, as an alternative, (2) to submit the dispute to arbitration. The …