International Court Of Justice Research Articles

Implementation of the Execution of ICC Decisions Regarding Non-Roma Statute 1998 Countries in International Law in Indonesia

The emergence of International Criminal Courts through its Rome Statute of 1998 in 2002 has given rise to a spirit of accountability for the weaknesses in law enforcement within the international community. The establishment of the International Criminal Court (ICC) is a missing link in the chain after the creation of the International Court of Justice (ICJ), which has jurisdiction over issues involving states as its subjects.

Intellectual Property Investment at the International Court of Justice After Certain Iranian Assets

In Certain Iranian Assets, the International Court of Justice (ICJ) acknowledges that the protection of patents is part of the broader remit of a corporate entity with legal personality in international law. The case was not about intellectual property investments, nor was it a case about investment protection in the proper sense of that body of law. However, when the Court, in very light form, mentions the protection of patents, the World Court raises the bar for the dynamics of intellectual property investments in international law. This comment seeks to do two things. Frist, it will map out how the ICJ came to acknowledge the protection of patent rights in corporate entities and secondly, it will set out the parameters in which the ICJ develop its own version of investment protection as such. Certain Iranian Assets is an interesting case since it covers a range of issues with a high rate of declarations, separate opinions, and partial dissent on different matters. I will try to paint a picture of intellectual property investments based on the separate opinions and declarations, and most importantly, its linkage to the meaning of a company and company assets, especially under Article III(1) of the Treaty of Amity, Economic Relations. Patent Protection, Intellectual Property Investments, World Court, Assets, Interpretation

The particulars of implementation of the community environmental policy regarding ensuring the right to a healthy environment

This research is devoted to the EU judicial system, communicated law and the analysis of national rules and national courts. The paper outlines the aspects and particularities of the international court such as the International Court of Justice, the European Court of Human Rights and other courts, including the adoptions issued by them, the adoption of important legislation in compliance with court decisions. Thus, the primary purpose of this research is the analysis of the criteria for the implementation of the community environmental policy by consecrating the right to a healthy environment.

The Obligations of the States in Respect of Climate Change Before the International Court of Justice

Abstract This analysis discusses the advisory opinion requested by the UN General Assembly from the International Court of Justice (ICJ) in April 2023 on the obligations of states in respect of climate change. Although the ICJ’s decision cannot be expected before the autumn of 2024, important procedural anomalies have arisen, which require due regard to ensure that the ICJ can provide its advisory opinion in possession of sufficient information. In particular, firstly, not all Small Island Developing States have been notified by the ICJ and invited to submit written statements and, secondly, the amicus curiae provided by NGOs will be not accessible to the public. This analysis argues that all Small Island Developing States should have the opportunity to take part in the proceedings and the amicus curiae submitted by NGOs to the ICJ should receive proper publicity.

GREECE MILITARIZATION IN AEGEAN ISLAND: AN INTERNATIONAL LAW PERSPECTIVE

In June 2022, President Erdogan suspended bilateral contact with Greece, citing their alleged militarization of islands in the eastern Aegean Sea, as a violation of international law. The problem that Turkey and Greece currently dealing with was caused in the first place by Greece's militarization of an island in the Aegean Sea, which was supposed to be demilitarized in the Lausanne Peace Treaty. Greece claimed that the militarization was for self-defense. In the research, the author will examine the demilitarized state of the island from the perspective of international law, and the claim that Greece has the right to act in self-defense and within the framework of world norms, as well as to make recommendations regarding what Turkey needs to do in response. The research method used is normative legal research with a case approach. Greece has indeed violated the terms of the Lausanne Peace Treat and Greece's claims of self-defense are invalid because there were no circumstances that meet the definition of self-defense. Therefore, Turkey could potentially address the matter by bringing it before the International Court of Justice.

The geological evolution of the Silala River basin, Central Andes

AbstractImproved understanding of the geology and stratigraphic architecture of the Silala River basin and its evolution, reviewed here, has been important in providing scientific evidence to an international dispute between Chile and Bolivia on the nature and origin of the waters of the Silala River. The dispute was submitted in 2016 to International Court of Justice (ICJ), which issued its judgment in 2022. The Silala River has evolved within an active volcanic chain, in the western region of the Andean plateau. Various volcanic structures, at different stages of their evolution, have determined the basin's development. The first evidence of alluvial drainage associated with the Silala fluvial system appeared in the Lower Pleistocene (ca. 2.6–1.6 Ma), a record of alluvial deposits with paleoflow directions toward the Southwest and South‐Southwest. These deposits had an important role in forming a highly permeable horizon, confined between two pyroclastic deposits (the Cabana and Silala Ignimbrites) which comprise the main regional aquifer in the basin, although there are other minor locally important aquifers. The second stage in the evolution of the river system occurred in the late Upper Pleistocene‐Lower Holocene (ca. 11–8.5 ka BP), when an erosive period carved the current trans‐boundary ravine in the Silala Ignimbrite. Morphological evidence clearly shows that the ravine was carved by fluvial action. The only documented tectonic activity during the development of the Silala River basin is the Cabana reverse fault and associated normal faults, representing an East–West shortening, which occurred between 2.6 and 1.6 Ma.This article is categorized under: Science of Water > Water and Environmental Change Science of Water > Hydrological Processes Water and Life > Nature of Freshwater Ecosystems Human Water > Water Governance

History of the diplomatic negotiation in the International court of justice narrative, a review of the ICJ jurisprudence

Diplomatic negotiation serves as a fundamental prerequisite to both arbitration and judicial settlement, a dynamic that unfolds alongside the evolution of conventional international law. Negotiation stands as an essential and integral precursor to the arbitral resolution. In this comprehensive review, we delve into the jurisprudence of the Permanent Court of International Justice (P.C.I.J.) and the International Court of Justice (I.C.J.), shedding light on the critical role of negotiation in achieving agreements and peaceful dispute resolutions. The prevailing customary foundation mirrors an era in international law marked by the "quasi-legislative role" of traditional sources. The obligation to negotiate may seemingly encroach on State sovereignty while endeavoring to establish a framework for nonviolent conflict resolution. Thus, it becomes imperative to initially address the juxtaposition between the sovereignty principle and the obligation to negotiate. Considering these realities, sovereignties are compelled to find common ground, underscoring the pivotal role of diplomatic negotiation in binding what is commonly referred to as the community of nations, evolving towards a higher level of political awareness ensure sustainable commitments between Nations and international stakeholders.

The Limits of Deduction in the Identification of Customary International Law

Abstract Much scholarship on customary international law has examined the merits of induction, deduction, and assertion as approaches to custom identification. Save for where international tribunals identify custom by assertion, writers have viewed custom identification that does not rely on evidence of State practice and opinio juris as an example of deductive reasoning. However, writers have stated that, at best, deduction is reasoning from the general to the particular. This article draws on legal philosophy to define the contours of deductive reasoning and argues that pure deduction, namely deduction not combined with other forms of reasoning, is an unsound approach to custom identification. This argument is tested by reference to cases of custom identification by the International Court of Justice, categorised according to three types of deduction: normative, functional, and analogical. This article also explores the authority and utility of custom identification by pure deduction and its impact on content determination.

Advisory Opinion on Obligations of States in Respect of Climate Change: Potential Contribution of Human Rights Bodies

Abstract On 29 March 2023, the UN General Assembly adopted a resolution requesting an advisory opinion from the International Court of Justice on the obligations of states in respect of climate change. The icj’s opinion, if given, will be the first of an international court determining the elements of human rights obligations in the context of climate change. These issues have already been grappled with by UN human rights treaty bodies. I argue that the icj is entitled to take account of these jurisprudential developments, and should do so.

CRIMEAN OCCUPATION AND UNCLOS DISPUTE SETTLEMENT: NAVIGATING TERRITORIAL SOVEREIGNTY AND NON-RECOGNITION

Abstract. The article examines the interplay between the Crimean occupation and UNCLOS compulsory dispute settlement procedures, exploring how the fact of Crimea’s occupation can be established and UNCLOS dispute settlement procedures applied. It also investigates the contradiction within the Annex VII Arbitral Tribunal’s award in the Coastal State Rights Dispute due to Crimea’s occupation. The study concludes that to address violations made by the Russian Federation under the provision of UNCLOS Crimea’s occupation, Ukraine can seek an advisory opinion from the International Court of Justice. Strengthening Ukraine’s position requires a legally binding decision on Crimea’s occupied status and Ukraine’s coastal state status, possibly through an ad hoc tribunal with jurisdiction. Supporting evidence from other courts may be valuable, despite their lack of direct jurisdiction over the matter of occupation. The article also discusses the principle of nonrecognition and the tribunal’s neutral approach to accommodate both parties in its award in Coastal State Rights Dispute.

존 롤즈(J. Rawls)의 전쟁과 핵무기에 대한 이론

This article tries to examine John Rawls’ theories of war and nuclear weapons especially from the perspective of international law. Rawls's theory of war is based on the just war theory of Western tradition. It rejects realism and does not adopt pacifism. Rawls's theory of jus ad bellum is similar to the position of current international law in that it recognizes a war of self-defense and exceptionally a war of humanitarian intervention. HIs theory of jus in bello largely reflects the principles of existing International Humanitarian Law(IHL), such as the distinction between combatants and civilians, protection of human rights, and restrictions on military necessity. However, Rawls deviates from international humanitarian law in that it permits military action against civilians in the case of the so-called supreme emergency. Regarding nuclear weapons, it differs from the existing International Court of Justice (ICJ) theory of nuclear permitting by permitting nuclear weapons only to well-ordered peoples and presenting human rights standards for nuclear use. In addition, by evaluating the Hiroshima-Nagasaki atomic bombings as great wrongs, it presents a precedent in international humanitarian law for the use of nuclear weapons. The official position of the United States regarding the Hiroshima-Nagasaki atomic bombings was that it was a justifiable measure to end the war early. However, Rawls rejects the U.S. government's arguments and says that the atomic bombing was a representative case of the failure of so-called 'statesmanship'. This article attempted to support Rawls's perspective from the perspective of international humanitarian law. The claim that the Hiroshima-Nagasaki atomic bombings were intended to reduce the casualties of U.S. soldiers does not comply with the principle of military necessity under international humanitarian law. Additionally, the claim that it was an inevitable choice to reduce the damage to Japanese civilians that would result from a prolonged war is not valid in that there was room for a third option to end the war. The dropping of the Hiroshima-Nagasaki atomic bombs reflected America's political interest for the victory of unconditional surrender and ending the war before Russia (the former Soviet Union) entered the war. This did not comply with the principles of military necessity or humanitarian necessity of international humanitarian law.

The Relationship Between Public International Law And Domestic Law In The International Perspective and the Effects on it due to Globalization

This research, titled "The Relationship between Public International Law and Domestic law in the Perspective of Treaties and International Caselaw and the Effects of Globalization - Analytical Study-" tries to highlight the relationship between public international law and domestic law from the point of view of international treaties and international caselaw, through the judgments of international arbitration, Permanent Court of International Justice and the International Court of Justice, as well as the positions of international criminal tribunals, and it examines the changes in this relationship as a result of the effects of globalization.
 Through this endeavor, it was concluded that the position of international treaties has been and continues to prevail over domestic laws when there is a conflict or collision between their rules, and along with international legal provisions, there is an abundant caselaw that have supported the position of international treaties in this regard. Moreover, globalization has affected the relationship between public international law and domestic law by trying to unify international legal rules and domestic laws, and then work to build a unified legal block that is not assigned to a specific geographical spot.

Formy współpracy między państwami w celu odzyskania utraconych dóbr kultury – uwagi wokół poszukiwania optymalnego wzorca Forms of cooperation between

In the search for an optimal pattern of conduct for the settlement of disputes concerning the ownership of cultural property, the article characterises the legal means and conciliation initiatives available to states. The discussion is limited to the forms of cooperation confirmed in international law instruments, developed especially in the framework of UNESCO’s period of activity, as adopted in the second half of the 20th century and thereafter. In this context, the use of litigation before both the International Court of Justice and national courts is discussed. Attention is also given to conciliatory forms of dispute resolution, distinguishing between consensus initiatives involving only the states interested in resolving the dispute and forms extended to include the participation of impartial mediators supporting the parties in their search for a satisfactory solution. The article assumes that the development of an out-of-court compromise is particularly desirable when the settlement of a dispute concerning the ownership of a cultural asset by an international tribunal or national courts, due to the legal status in force, limits the prospect of obtaining a substantive settlement satisfactory to all parties involved in the conflict.

1. International Court of Justice (ICJ)

1. International Court of Justice (ICJ)

Concept of Rights and Security of Nagorno-Karabakh People in Light of ICJ’s Advisory Opinion on Kosovo

This article is dedicated to the comparative analysis of the advisory opinion of the International Court of Justice on Kosovo, thereby revealing the criteria of the legality of realization of the right of peoples to self-determination and clarifying the question of their applicability to the Artsakh case. Historical and comparative methods of scientific research were used in the article, by means of which positive and negative aspects of the advisory opinion of the UN Court were highlighted. The analysis has shown that perhaps for the first time, an attempt was made by the International Court of Justice to define the criteria of the legality of the act of declaration of independence by a national community seeking self-determination, which aims to remove the right of peoples to self-determination from the sphere of political speculation and place it in the realm of legal certainty. The analysis also showed that the standards developed by the UN Court are fully applicable to Artsakh as well. The article also made an important record that even in the seemingly non-pro-Armenian stance of the ongoing negotiation process, new negotiation approaches being formed by Armenia are within the context of the legal logic of the UN court and thus have the potential to achieve legal confirmation of the independence of the people of Artsakh, if appropriate diplomatic and military-political work is carried out.

Book Review of Bogdan Aurescu (ed.), Romania and the International Court of Justice

Book Review of Bogdan Aurescu (ed.), <i>Romania and the International Court of Justice</i>

The UK, US, and Mauritius

I attended a conference on the Chagosian question in Pretoria in October 2022 while serving as a Visiting Fellow at the Institute of Pan-African Thought and Conversation (IPACT) at the University of Johannesburg, South Africa, and I have described some of the discussions that were facilitated by participants in this essay. Representatives of the Chagosian diaspora, the ambassador of Mauritius to South Africa, scientific interpretations in papers presented, and comments by other Chagosians on the realisation of their rights, constitute the foundation of this report. Diaspora Chagosians are torn between Mauritius’s fight for sovereignty rights and the interests of the United Kingdom (UK) and the United States (US) on the island. They yearn to return to their ancestral land, and regain their identity and attain self-determination. Second, Mauritius fights for justice is understood to mean regaining control of Chagos. The activities and standpoints of the UK and the US, which have allied military interests, were critically examined by academicians and Chagosians. The International Court of Justice’s (ICJ) order requesting that the UK return Chagos Island to Mauritius has caused a conflict of interest between Mauritius, the UK, and the US. For the Chagosians, who view self-identity and self-determination as issues of rights under international law that should not be denied, the disregard of the ICJ’s judgment by the global powers would continue to signify statelessness to the majority of the Chagosians.

Equitable representation on international benches and the appointment of tribunal members in investor–State dispute settlement: a historical perspective

Abstract The lack of diversity in the appointment of tribunal members in investment arbitration has long been subject to criticism. This article analyses the design of adjudicator appointment mechanisms and challenges the mainstream view that investment arbitration is modelled after the structures and procedures of commercial arbitration. Instead, drafters of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention) largely drew inspiration from the Permanent Court of Arbitration and the International Court of Justice. Following this institutional pedigree, the development of the equitable representation requirement is linked to the growing appreciation of the public aspects of the international judicial function. Nevertheless, drafters adopted Article 14(2) of the ICSID Convention mainly to facilitate the performance of the private function of dispute resolution. Through the historical lens, controversies surrounding different approaches for addressing diversity concerns in the ongoing investor–State dispute settlement reform are essentially surface products of deeper disagreements on the private and public aspects of the judicial function.

Res. 77/276 on Request for an Advisory Opinion of the I.C.J. on the Obligations of States in Respect of Climate Change (U.N.G.A.)

Over the course of the period from the end of 2022 to early 2023, requests for advisory opinions on climate change were, for the first time, made to the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights (IACtHR).

Analysis of Green Liability on Environmental Damage--State Responsibility in International Investment Law

Long before the birth of international environmental law, disputes over transboundary environmental damage have long existed in global trade and investment. Since the promulgation of the Rio Declaration on Environment and Development, with the arrival of the Period of Liberalization in international investment, the environmental issues involved in cross-border investment have skyrocketed, and international judicial bodies such as the International Court of Justice and the International Tribunal for the Law of the Sea have adjudicated a number of disputes over transboundary environmental damage. These post-Rio transboundary environmental damage disputes are characterized by complex afflictions, wide scope and serious damage. At this stage of adjudication, international judicial institutions have not developed relatively stable standards, principles and systems for ex post facto remedies for transboundary environmental damage. From the perspective of state responsibility, this paper analyzes the issue of transboundary environmental damage theoretically and practically, and explores the attribution, standards, and requirements of responsibility for cross-border environmental damage arising from international investment and the formation of the ex post facto remedy system, in order to provide reference for the establishment of a more sound and refined remedy mechanism of transboundary environmental damage in future international investment practice.