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Preliminary objections to Court's jurisdiction and admissibility of application - existence of dispute under 1971 Montreal Convention - objections not "exclusively" preliminary - effect of Security Council resolution requiring Libya to extradite suspects in Lockerbie disaster

Article Abstract:

The International Court of Justice (ICJ) ruled Libyan applications relating to the 1988 bombing of an aircraft over Lockerbie, Scotland are admissible. The US and the UK have demanded Libya release two suspects in the bombing for trial outside of Libya. Libya contends it has met all treaty obligations regarding the incident and asked the ICJ to declare so. Dissenting judges in the ICJ ruling claim the ICJ does not have jurisdiction over UN Security Council decisions.

Author: Bekker, Peter H.F.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
Evidence (Law), Extradition, Pan Am Flight 103 Bombing Incident, 1988

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New ICJ jurisprudence on counterclaims - interpretation of Article 80 of Rules of Court - Yugoslav and U.S. counterclaims within the Court's jurisdiction and directly connected to the subject matter of the applicant's claim

Article Abstract:

The International Court of Justice established principles of jurisprudence on counterclaims by accepting counterclaims in Bosnia-Herzegovina v. Yugoslavia and Iran v. United States. The counterclaims were accepted according to the terms of Article 80 of the Rules of Court. The decision hinged on ascertaining whether counterclaims were connected to claims of the other party, which related to oil platform destruction in Iran and genocide in Bosnia-Herzegovina.

Author: Bekker, Peter H.F.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
Set-off and counterclaim, Counterclaims

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Advisory jurisdiction - Convention on the Privileges and Immunities of the United Nations - immunity from legal process of expert on mission appointed by UN Commission on Human Rights - effect of UN Secretary-General's assertion of immunity - procedural priority to be accorded assertion of immunity in municipal courts

Article Abstract:

This article discusses the International Court of Justice's advisory opinion in Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights. The case involved a Malaysian UN commissioner sued for defamation.

Author: Bekker, Peter H.F.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
International, Officials and employees, United Nations. Commission on Human Rights, Diplomatic privileges and immunities, Diplomatic immunity, Procedure (Law)

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Subjects list: Cases, Jurisdiction, international
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