Archivo de Etiquetas: Advisory Opinion

Judging Judges: A Statistical Exercise Andrea Bianchi’s excellent, thoughtful post on the perceptions of certainty in response to the ICJ’s Germany v. Italy judgment provokes many questions. What, exactly, created the certainty both within the Court and outside it as to how the Court would decide the case? Is it …

The African Union’s Response to the ICC’s Decisions on Bashir’s Immunity: Will the ICJ Get Another Immunity Case? After deciding the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) case (about which I and others will have more to say on the blog soon), there is the prospect of …

Exploiting A ‘Dynamic’ Interpretation? The Israeli High Court of Justice Accepts the Legality of Israel’s Quarrying Activities in the Occupied Palestinian Territory  Valentina Azarov is a lecturer in human rights and international law and the chair of the Human Rights Program at the Al-Quds Bard College, Al-Quds University, East Jerusalem, …

Germany, Austria, Belgium, Brazil, the British Empire (with the Commonwealth of Australia, the Union of South Africa, New Zealand, India), Bulgaria, Chile, China, Denmark, Egypt, Spain, Finland, France, Greece, Hungary, Italy, Japan, Lithuania, Luxemburg, the Protectorate of the French Republic in Morocco, Norway, Paraguay, the Netherlands, Poland, Portugal, Roumania, the …

  INTERNATIONAL COURT OF JUSTICE REQUEST FOR INTERPRETATION OF THE JUDGMENT OF 31 MARCH 2004 IN THE CASE CONCERNING AVENA AND OTHER MEXICAN NATIONALS (MEXICO v. UNITED STATES OFAMERICA)  JUDGMENT OF 19 JANUARY 2009 Article 60 of the Statute of the Court — Independent basis of jurisdiction. Conditions on the …

  AUTOCEPHALOUS GREEK-ORTHODOX CHURCH v. GOLDBERG 717 F.Supp. 1374 (1989) AUTOCEPHALOUS GREEK-ORTHODOX CHURCH OF CYPRUS and The Republic of Cyprus, Plaintiffs, v. GOLDBERG & FELDMAN FINE ARTS, INC., and Peg Goldberg, Defendants. No. IP 89-304-C.United States District Court, S.D. Indiana, Indianapolis Division.August 3, 1989. John David Hoover and Sally F. …

PERMANENT COURT OF INTERNATIONAL JUSTICE SERIES A. IB. JUDGMENTS, ORDERS AND ADVISORY OPINIONS FASCICULE No. 41 TWENTY-SECOND SESSION September 5th, 1931. CUSTOMS REGIME BETWEEN GERMANY AND AUSTRIA (PROTOCOL OF MARCH 19th, 1931). Treaty of Peace of Saint-Germain of September ioth, 1919, Article 88, and Geneva Protocol No. I of October …

    CASE CONCERNING THE AUDITING OF ACCOUNTS BETWEEN THE KINGDOM OF THE NETHERLANDS AND THE FRENCH REPUBLIC PURSUANT TO THE ADDITIONAL PROTOCOL OF 25 SEPTEMBER 1991 TO THE CONVENTION ON THE PROTECTION OF THE RHINE AGAINST POLLUTION BY CHLORIDES OF 3 DECEMBER 1976 ARBITRAL AWARD OF 12 MARCH 2004 …

  INTERNATIONAL COURT OF JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS ASYLUM CASE (COLOMBIA I PERU) JUDGMENT OF NOVEMBER 20th, 1950 Diplomatic asylum.—Right of qualification of the nature of the offence as political or ordinary; claim to unilateral and definitive qualification by the State granting asylum.—Lack of foundation of …

INTERNATIONAL COURT OF JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS CASE CONCERNING ARMED ACTIVITIES ON THE TERRITORY OF THE CONGO (DEMOCRATIC REPUBLIC OF THE CONGO v. UGANDA) JUDGMENT OF 19 DECEMBER 2005 Situation in the Great Lakes region — Task of the Court. * Issue of consent. The DRC …

CASE CONCERNING THE ARBITRAL AWARD OF 31 JULY 1989 (GUINEA-BISSAU v. SENEGAL)REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES 2 March 1990 ORDER   Present: President Ruda; Vice-President Mbaye; Judges Lachs, Elias, Oda, Ago, Schwebel, Sir Robert Jennings, Ni, Evensen, Tarassov, Guillaume, Shahabuddeen, Pathak; Judge ad hoc Thierry; Registrar Valencia-Ospina. The …

APPLICABILITY OF THE OBLIGATION TO ARBITRATE UNDER SECTION 21 OF THE UNITED NATIONS HEADQUARTERS AGREEMENT OF 26 JUNE 1947   Headquarters Agreement between the United Nations and the United States of America — Dispute settlement clause — Existence of a dispute — Alleged breach of treaty — Significance of behaviour …