Preliminary objections of Yugoslavia to jurisdiction of ICJ and admissibility of Application of Bosnia-Herzegovina - jurisdiction solely on basis of Article IX of 1948 Genocide Convention - rights and obligations erga omnes under Genocide Convention not territorially limited

Article Abstract:

The International Court of Justice held that it had jurisdiction ratione materiae over an application from Bosnia-Herzegovina alleging that the Federal Republic of Yugoslavia (FRY) violated the 1948 genocide convention. Objections by FRY that the President of Bosnia-Herzegovina did not have the authority to file the application and that it was not an international dispute were dismissed. The Court also ignored questions as to FRY's status as a UN member now that Yugoslavia no longer existed. This ruling is an expansion of the applicability of the genocide convention.

Bosnia and Herzegovina, Yugoslavia, Genocide, Bosnia-Herzegovina

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Dismissal of U.S. preliminary objection to ICJ jurisdiction based on compromissory clause in bilateral commerce treaty between Iran and United States - use of force matters not per se excluded from reach of 1955 Treaty - meaning of "freedom of commerce." (International Court of Justice)

Article Abstract:

The International Court of Justice (ICJ) dismissed the US objection to ICJ jurisdiction in a case concerning the US attack on Iranian oil platforms in 1987 and 1988. The ICJ rejected the US contention that a compromissory clause in the 1955 US-Iran commerce treaty was inapplicable to matters of force. The decision could affect the value of ICJ case precedents, the use and negotiation of similar treaty clauses in the future, and the eventual outcome of the case on its merits.

United States, Iran, Commercial treaties, Trade agreements, International law

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Treaty of 1989 between Australia and Indonesia concerning the "Timor Gap" - existence of legal dispute between Portugal and Australia - objections to jurisdiction - effect of Court ruling on absent third parties - right to self-determination as right erga omnes - states of East Timor as non-self-governing territory

Article Abstract:

The International Court of Justice's 1995 decision against exercising its jurisdiction to adjudicate the East Timor dispute indicated the Court's willingness to stand by its own jurisprudence in matters concerning a state's standing. The Court did recognize the East Timor people's right to self-determination and determined the area to be a non-self-governing territory, while dismissing Portugal's application to adjudicate its dispute with Australia.

Australia, Indonesia, Portugal, East Timor, Treaties

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