International Law Commons^™

The International Court Of Justice And The Standing Of Corporate Shareholders Under International Law: Elettronica Sicula V. Raytheon (U.S. V. Italy), Alexander Palenzuela-Mauri

University of Miami International and Comparative Law Review

No abstract provided.

Enforcing United Nations Decisions In Domestic Courts, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

The Aouzou Strip: Adjudication Of Competing Territorial Claims In Africa By The International Court Of Justice, Robert W. Mckoeon

Case Western Reserve Journal of International Law

No abstract provided.

Treaty Interpretation: Theory And Reality, Paul Gormley

Dalhousie Law Journal

The inconsistencies, and conflicting theories of treaty interpretation, constitute the foundation for the present inquiry. The thesis defended is "that neither the judicial praxis nor international legislation, individually or together, have provided a realistic solution to the fundamental challenge facing the International Court of Justice of finding the right balance between stability and progressive development of international law." This fundamental thesis reemerges at several key portions of the text, when the author attempts to prove that existing standards of treaty interpretation are inadequate, on the ground they do not lead toward that degree of predictability and certainty, which he feels …

Attributing Acts Of Omission To The State, Gordon A. Christenson

Faculty Articles and Other Publications

In determining what conduct is attributable to the State under the international law of State responsibility, we normally work from specific behavior of particular government officials acting alone or in concert. Because the abstract "State" acts only through "agents" in control of the State or some part of its apparatus, any such acts of those individuals are attributed to the State if done under actual or apparent authority of the State. Responsibility of the State engages when such conduct causes harm in breach of international obligation.

The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni

Michigan Journal of International Law

"General Principles of International Law" are among the sources of national and international law' which have long been recognized and applied in disputes between States.2 They were embodied in the Statute of the Permanent Court of International Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law recognized by civilized nations." As discussed below, both the PCIJ and ICJ have relied on this source.

"Normative Surrender" And The "Duty" To Appear Before The International Court Of Justice: A Reply, H. W.A. Thirlway

Michigan Journal of International Law

A recent article in the Michigan Yearbook of International Legal Studies by Professor Jerome Elkind included a section, headed "Jurisdiction of the International Court of Justice," which was addressed to the question whether States have a legal duty to appear before the International Court of Justice when cited as respondents in cases instituted by unilateral application. This question was dealt with by the present writer at some length in a recent book, and since Professor Elkind, who has also published a book on the subject, reaches a different conclusion, and refers critically to the views the author has expressed, some …

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

The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy

Michigan Journal of International Law

After briefly summarizing the classical doctrine of state responsibility, Part One will discuss whether extending compensation to the harmful consequences of certain hazardous activities necessarily involves the recognition of a "liability for lawful conduct" without any link to traditional ideas of state responsibility. Part Two, starting again from responsibility for wrongful acts, will discuss whether raising a new category, the breach of an "essential obligation" or "international crimes," confers not only an obligation to make reparations, but a right, in both the victim state and the non-victim states, to sanction the responsible state.

Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern

Michigan Journal of International Law

In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …

International Law And The Environment, Daniel Barstow Magraw

Proceedings of the Sino-American Conference on Environmental Law (August 16)

18 pages.

Contains 3 pages of references.

Enforcement Of Icj Decisions In United States Courts, Colton Brown

Maryland Journal of International Law

No abstract provided.

Eligible Claimants Under Lump Sum Agreements, Richard B. Lillich

Indiana Law Journal

Symposium on International Procedures to Protect Private Rights

Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato

Faculty Working Papers

Discusses questions about U.S. policy raised by the proceedings of the Nicaragua case. Was the United States within the exercise of its "inherent right of self defense"? Was the matter a political question for resolution by the Security Council and not suitable for adjudication by the International Court of Justice?

Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen

LLM Theses and Essays

The exception of lis pendens is an objection against the admissibility of the claim. The general power of the tribunal to hear the claim is not contested, but the special situation that a claim on the same cause of action is pending before another forum is alleged to preclude the tribunal from asserting jurisdiction. This essay focuses on the exception of lis pendens raised before the International Court of Justice or the United Nations Security Council when both organs are simultaneously engaged in the settlement of the same dispute.

Some Reflections On The Contribution Of The International Court Of Justice To The Development Of International Law, Manfred Lachs

Syracuse Journal of International Law and Commerce

This article focuses on the ways in which the International Court of Justice influences international law.

A Note On Some Diverse Meanings Of "The Common Heritage Of Mankind.", L. F.E. Goldie

Syracuse Journal of International Law and Commerce

The author attempts to define the notion of The Common Heritage Of Mankind as pertains to the mining of the ocean floor.

Special Aspects Of Jurisdiction At Sea, Brunson Macchesney

International Law Studies

No abstract provided.

Current International Law Problems Of The Navy, Joseph B. Mcdevitt

International Law Studies

No abstract provided.

Archipelago Concept Of Limits Of Territorial Seas, John R. Brock

International Law Studies

No abstract provided.

The International Court Of Justice At Its Present Stage Of Development, Hermann Mosler

Dalhousie Law Journal

The object of this study is not to give an outline on the role and function of the International Court of Justice in general but to evaluate its present situation. This is quite a different subject although for this purpose it will be indispensable to compare achievement reached by the Court with the role assigned to it at the time of its foundation as part of the basic structure of the United Nations, the legal organization of the international community. Reminding at the very beginning, of deficiencies actually existing, I do not want to intimate that the problems with which …

The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb

Vanderbilt Journal of Transnational Law

The purpose of this article is to provide a critical assessment of Judge Dillard's performance during his tenure on the International Court of Justice. Much of this article will be "jurisprudential" in scope, endeavoring to examine developments in international legal theory and international organizations during the past two decades and to assess recent decisions written by the Court. The approach will in part be an institutional one, taking into consideration the ability of an individual member of the Court to shape decisional outcomes of an international body which must resolve contentious litigation and render advisory opinions within the structure of …

The Rule On Interlocutory Injunctions Under Domestic Law And The Interim Measures Of Protection Under International Law: Some Critical Differences, A. O. Adede

Syracuse Journal of International Law and Commerce

The author describes Article 41 of the Statute of the International Court of Justice, which is meant to preserve the respective rights of parties to the dispute pending litigation. The view adopted in this Article is that it is evidently necessary to state specifically, in an instrument conferring jurisdiction to indicate interim measures upon an international forum, that such measures shall be binding as between the parties to the dispute and in respect of that particular case. Without such a specific provision on the binding nature of interim measures, an instrument conferring jurisdiction will be understood as having left the …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …

Security Council Resolutions In United States Courts, Janis P. Bianchi

Indiana Law Journal

No abstract provided.