DECISION: Jurisdiction -- U.S.-Nicaragua FCN Treaty -- Article 36 of the ICJ Statute -- nature and effect of reservationsMONROE LEIGH
Article 38 of the Statute of the ICJ should be regarded as the comprehensive and complete sources of international law.<br/> A、正确<br/> B、错误
Nevertheless, the ICJ declined to issue an explicit order regarding ceasefire, pointing to Article 59 of the ICJ Statute and the fact that the court’s judgments are binding on the parties before it, and not on third parties (such as Hamas) that are not a party to the legal proceedings ...
This article offers an interpretation of Article 38(1)(d) of the ICJ Statute based on the formal pronouncements of international criminal courts and tribunals, distilled from their judgments. It considers that the qualification 'subsidiary' is meant neither to distinguish the means from the primary...
“General Principles of Law” is whether general principles of law “formed within the international legal system” could be regarded as part of Article 38(1)(c) of the Statute of the International Court of Justice (ICJ), which provides that the ICJ shall apply “the general principles of ...
Typesoftreatiessubjecttoregistration BilateralTreaties;MultilateralTreaties;SubsequentActions;Unilaterallegallybindingundertakings:e.g.AcceptanceofICJ’sCompulsoryJurisdiction(Article36(2)oftheICJStatute)e.g.SuezCanalDeclarationbyEgypt:–Registeredin1957–Egyptconsidereddeclarationbindinginstrument 10 “Whateverits...
The statement of the Final Draft, Commentary to Art 5, 192, para 4 that the term “State” is used with the same meaning as in the UN Charter, the ICJ Statute, the Geneva Convention on the Law of the Sea and the Vienna Convention on Diplomatic Relations—treaties which do not define ...
(podvedomstvennost’), the delimination of competence among different bodies of state power and administration, determining the sphere of activity of each such body, for example, in the USSR the delimination of the competence of courts, the arbitration system, and state and comrades’ courts. ...
Footnote8 A case concerning genocide in the International Court of Justice (ICJ) has also been initiated in relation to the Rohingya crisis, which deals with state responsibility, as opposed to the ICC case of individual criminal responsibility.Footnote9 The ICC case has progressed through two ...
For many, seeA PelletinA Zimmermann/C Tomuschat/K Oellers-Frahm(eds) The Statute of the International Court of Justice (2nd edn 2006) Art 38 MN 209 with further references to consistent jurisprudence of the ICJ. 11. SeeegICJMilitary and Paramilitary Activities in and against Nicaragua (Nicarag...