ICJ jurisdiction - General Act for Pacific Settlement of International Disputes - treaty succession - commonwealth and multilateral-treaty reservations in optional clause declarations - UN Charter as basis of jurisdiction - effect of obligation to settle disputes by peaceful means
Article Abstract:
The author discusses the International Court of Justice's decision in In re Aerial Incident of 10 August 1999, involving Pakistan and India, in which the court ruled that it did not have jurisdiction to hear the application.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2000
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ICJ compulsory jurisdiction - effective date of Optional Clause declarations - existence of a dispute - effect of absent third states - diplomatic negotiations as a precondition for recourse to ICJ - effect of negotiation reequirements of Law of the Sea Convention where jurisdiction is based on Optional Clause
Article Abstract:
The International Court of Justice overruled eight preliminary objections by Nigeria regarding jurisdiction in a border dispute between Nigeria and Cameroon. Cameroon requested the Court to define land and maritime boundaries between the two countries and order withdrawal of Nigerian military troops from land Cameroon claimed. Nigeria's objections included contentions that Lake Chad boundary disputes were under the Lake Chad Basin Commission jurisdiction, Chad should be included in court proceedings regarding trilateral borders, and information supplied by Cameroon to the Court was not sufficient for Nigeria to wage an adequate defense.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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NATO air campaign against Yugoslavia - provisional measures - jurisdictional standard for provisional measures - optional clause jurisdiction - effect of reservation ratione temporis in declaration accepting compulsory jurisdiction - forum prorogatum - effect of reservations to article IX of Genocide Convention
Article Abstract:
This article discusses the International Court of Justice's ruling in Legality of Use of Force, Yugoslavia's case against the NATO countries involved in bombing it to force its withdrawal from Kosovo. The court rejected Yugoslavia's claim, stating it did not have jurisdiction, despite its claim under article 9 of the Genocide Convention.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
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