Professional Documents
Culture Documents
North Sea Continental Shelf Cases (1969) ICJ - Denmark vs Germany equity, customary law,
Legality of the Threat or Use of Nuclear Weapons Advisory Opinion
(1996) ICJ - court held back from saying that nuclear weapons are
forbidden, you never know what the advisory opinion will be
Fisheries Case (United Kingdom v Norway) see the summary on the ICJ
website: http://www.icj-cij.org/docket/files/5/1811.pdf - norway won
because it could prove that its decree of 1935 was in accordance with
its long term practice and was considered law (opinio juris)
Law of the Sea Convention - 1982 - EEZ
Security Council Resolution 1973 (2011) The situation in Libya. - arms
embargo and no-fly zone
Case Concerning Military and Paramilitary Activities in and against
Nicaragua (Merits)
(1986) ICJ Reports 14, at paras 188, 190, 193-95, 199-200, 211, and
227-238.
Montevideo Conv, art 1, and notes 1-4: Harris Casebook, supra, at 9194 - defined territory, permanent population, willingness to enter
international relations, government
Case of Certain Norwegian Loans (France v Norway) see the
summary on the ICJ website: http://www.icjcij.org/docket/files/29/4775.pdf - optional clause, reciprocity (equal
footing), no jurisdiction since it was a "national question"
Hesperides Hotels LTD vs Aegean Turkish Holidays - constructive recognition,
unrecognised states with full control and state functions - day-to-day activities warrant
recognition so that actual decisions may be taken
The Republic of Nicaragua v. The United States of America
Justice (ICJ) - use of force-
[1]
East Timor (Portugal v Australia), 1995 ICJ Reports 90 - icj decides it has no
jurisdiction over a non-self governing territory as international law deals with states
and can thus not decide.
It has two elements: state practice and law-making intent ("opinio iuris"): 1969 North
Sea Continental Shelf case; 1986 Nicaragua case
2010 Pulp Mills Case: Court refers to a practice, which in recent years
has gained so much acceptance among States that it may now be
considered a requirement under general international law to
undertake an environmental impact assessment where there is a
risk that the proposed industrial activity may have a significant
adverse impact in a transboundary context.... Confirms what is
already found in national law and multilateral treaties.
Supreme Court Canada - internal self-determination does not mean the right to secede
external self-determination not so relevant now that most every colony is its own state,
there is no general legal right of secession at will.
rhodesia - un security council sanctions
Kongo vs Uganda - 2006 - use of force, ICJ
Jorgens against Germany, ECHR - genocide, 2007 - genocide is a universal crime,
universal jurisdiction
Pinochet - crimes against humanity can never be considered functions of a state and thus,
a sovereign leader isnt immune to persecution for crimes he has ordered during his rule
Bashir from Sudan and Miloshevic, both indicted while still serving
obligations erga omnes - owed to everybody, owed to international community
ILC State Responsibility - 2001
Rome Statute 1998 - genocide, crimes against humanity, war crimes, aggression international criminal court
optional clause
jus cogens - natural law, no derogation is ever permited
ultra vires - acting outside of legal authority
France vs Norway
May lead to emergence of new state practice or negotiation of new treaty (e.g. 1960 and 1963
UNGA Resolutions on Outer Space 1967 Outer Space Treaty)
Self-determination 1975 Western Sahara case
o Borrowing from national law
Equity (1969 North Sea Continental Shelf case, 1986 Frontier Dispute Case)
But contrast 2002 Arrest Warrant Case immunity of foreign ministers invented
by ICJ 1974 Icelandic Fisheries Case preferential fishing zone invented
by
ICJ.