Posted on February 3, 2012 by Gentian Zyberi
The International Court of Justice (ICJ or Court) issued its eagerly-awaited judgment in the case Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening). This judgment basically holds that Italy has violated its obligation to respect the immunity enjoyed by Germany under international law. Here below follows the Court’s Press Release No. 2012/7 with [...]
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Posted on January 3, 2012 by Gentian Zyberi
Recently I read in the news that Croatia is going to withdraw its case against Serbia. This case was brought before the International Court of Justice in 1999 and is based on Article IX of the 1948 Genocide Convention. To be more precise, the application instituting proceedings was filed on 2 July 1999. Croatia claims [...]
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Posted on December 30, 2011 by James Harrison
With one dispute between Costa Rica and Nicaragua already pending before the International Court of Justice , Nicaragua has initiated a new claim at the Court alleging that Costa Rica has caused transboundary pollution through the construction of a road on the border of the two countries.
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Posted on December 15, 2011 by Gentian Zyberi
Two great international lawyers from Africa, Ms. Fatou Bensuda (Gambia) and Ms. Julia Sebutinde (Uganda), have been elected respectively as Prosecutor of the International Criminal Court (ICC) and as Judge of the International Court of Justice (ICJ). Both these African women have had a distinguished career in the area of international legal practice (for their [...]
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Posted on December 10, 2011 by Gentian Zyberi
The Report of the International Court of Justice (ICJ) for the period from 1 August 2010 to 31 July 2011 was presented before the General Assembly of the UN on 26 October 2011 by the ICJ President, Judge Owada. In his speech Judge Owada pointed out that the cases before the Court have involved States [...]
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Posted on December 5, 2011 by Gentian Zyberi
Today the ICJ delivered its judgment which is final, without appeal and binding on the Parties, in the case Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece). The press release can be accessed here, the judgment (52 pages) here, and a summary here. Judge Xue appended a [...]
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Posted on November 25, 2011 by Gentian Zyberi
The International Court of Justice (ICJ) will deliver its judgment in the case concerning Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) on Monday, 5 December 2011 (for more information see the Court’s press release here). The case started on 17 November 2008, with the former [...]
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Posted on November 11, 2011 by Gentian Zyberi
The voting for the new members of the ICJ took place on 10 November, at the UN headquarters in New York. Candidates need to obtain an absolute majority both at the General Assembly and at the Security Council (ICJ Statute, Article 10). Judges Hisashi Owada (Japan), Peter Tomka (Slovakia) and Xue Hanqin (China) were re-elected [...]
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Posted on September 20, 2011 by Gentian Zyberi
Background of the case and history of the legal proceedings In its application of 23 December 2008 Germany brought a complaint before the International Court of Justice (ICJ), claiming that in recent years, Italian judicial bodies repeatedly disregarded its jurisdictional immunity as a sovereign State. According to Germany, the critical stage of that development was [...]
Filed under: Human Rights, ICJ, International Court of Justice, International Humanitarian Law, Law of Treaties, Public International Law, Responsibility to protect, United Nations | 2 Comments »
Posted on June 22, 2011 by Valentina Azarov
The Palestinian government plans to issue a declaration of independence in September 2011 as its latest strategy to bring about further recognition and UN membership. In an Op-Ed in the New York Times, Palestinian President Mahmoud Abbas said “this September, at the United Nations General Assembly, we will request international recognition of the State of [...]
Filed under: Human Rights, ICC, International and national law, International Court of Justice, Middle East Crisis, Public International Law, States, United Nations | 1 Comment »
Posted on May 23, 2011 by Gentian Zyberi
The International Court of Justice (ICJ) will hold public hearings on Monday 30 and Tuesday 31 May 2011 in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand). These hearings concern the request for the [...]
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Posted on May 14, 2011 by Gentian Zyberi
On 28 April 2011 Cambodia requested the International Court of Justice (ICJ or Court) for an interpretation of its Judgment rendered on 15 June 1962 in the border dispute case concerning the Temple of Preah Vihear (Cambodia v. Thailand) after tensions with Thailand flared up again along that part of the border. Seemingly, we are [...]
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Posted on April 1, 2011 by Gentian Zyberi
In its judgment delivered today the ICJ found that it had no jurisdiction to entertain the Application filed by Georgia on 12 August 2008. From the issuing by the Court on 15 October 2008 of its Order indicating provisional measures I had a feeling that the case would not go further than the preliminary objections [...]
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Posted on September 12, 2010 by webmastercontact
The following is a guest post by Alexandros X.M. Ntovas, Doctoral Grantee in Public International Law, University of Southampton School of Law. In reading the recent advisory opinion of the International Court of Justice regarding the unilateral declaration of independence of Kosovo,[1] one is compelled to reach the oxymoron conclusion that the latter since the [...]
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Posted on August 11, 2010 by Dominik Zimmermann
Yes, if we are to believe David Andrews, former legal advisor to the US state department and member of the US national group at the Permanent Court of Arbitration. If you want to see more on this, check out this weeks Clip of the Week, which is taken from an ASIL reception honoring Joan E. [...]
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Posted on August 3, 2010 by Dr. Fozia Lone
Solon Solomon, The Justiciability of International Disputes – The Advisory Opinion of Israel’s Security Fence as a Case Study (Jerusalem: Wolf Legal Publishers, 2009) ISBN: 978-90-5850-437-1 By Dr. Fozia Nazir Lone Assistant Professor, City University of Hong Kong, fnlone@cityu.edu.hk Solon Solomon, in this book presents a comprehensive legal description on the justiciability of international disputes. [...]
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Posted on July 23, 2010 by Dominik Zimmermann
The website of the ICJ stills seems to be overwhelmed by users so here is the advisory opinion as a pdf: ICJ Advisory Opinion Kosovo. More coverage will follow.
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Posted on July 22, 2010 by Gentian Zyberi
A brief summary of the Advisory Opinion of 22 July 2010 in the Kosovo case As customary, the Court dealt first with the issue of whether it had jurisdiction and in turn whether it should exercise its discretion and refuse to answer the question (paras. 17-48). This part is rather interesting in that it clarifies [...]
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Posted on July 14, 2010 by Gentian Zyberi
The advisory opinion of the International Court of Justice in the Kosovo case will be delivered on 22 July, at 3.00 p.m, by the President of the Court, H.E. Hisashi Owada. The question about the legality of Kosovo’s declaration of independence of 17 February 2008 was submitted to the Court through resolution 63/3 (A/63/L.2) of [...]
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Posted on June 17, 2010 by Dominik Zimmermann
Our friends over at Opinio Juris report that Joan Donoghue, Principle Deputy Legal Advisor of the State Department, has been nominated by the US national group of the PCA to replace Judge Buergenthal on the ICJ. If this report is true, and Opinio Juris refers to “reliable sources”, the nomination would be somewhat of a [...]
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Posted on June 10, 2010 by Dominik Zimmermann
We have heard it before but today the ICJ confirmed that Judge Buergenthal will resign from the ICJ. Judge Buergenthal has been a member of the ICJ since March 2000 and was re-elected to serve a nine-year term beginning in February 2006. He was at the time of his election the first judge of US [...]
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Posted on April 22, 2010 by James Harrison
The Pulp Mills case arose from an allegation by Argentina that Uruguay had violated its obligations under the 1975 Statute of the River Uruguay and other rules of international law by the fact that Uruguay had unilaterally authorised the construction of two pulp mills on the River Uruguay, which forms the boundary between the two [...]
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Posted on December 15, 2009 by Ole W. Pedersen
Our own Gentian Zyberi’s recent paper, ‘Self-Determination through the Lens of the International Court of Justice’, has now been published in the Netherlands International Law Review (2009) No. 56 pp. 429-453. Full abstract: This article focuses on the role and contribution of the International Court of Justice to developing and interpreting the right of peoples [...]
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Posted on October 3, 2009 by Valentina Azarov
On 9 September 2009, the Israeli Supreme Court published its judgment in the case of HCJ 11344/03 Mayor of Jayyus et al. v. Commander of the Armed Forces in the West Bank et al. (available in Hebrew), where the route of the Separation Wall that Israel has been constructing since the end of the second [...]
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