Fact-Finding before the International Court of Justice

Devaney, James

doi:10.1017/cbo9781316498972

Cited by 27 publications

(3 citation statements)

References 126 publications

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“…4 Therefore, to circumvent this problem, the Special Chamber thus referred to Portugal's practice in the East Timor case and regarded the Chagos advisory opinion and the UNGA resolution 73/295 as 'givens'. 11,28,38,39 In the East Timor case, Portugal argued that Security Council and UNGA resolutions should be considered as 'givens'. The ICJ found that the resolution of the Security Council was only binding on Portugal and what's more, UNGA had not always supported Portugal's proposition on the East Timor issue.…”

Section: The Special Chamber Could Use Icj Advice Opinion and Unga Re...mentioning

confidence: 99%

The impact of the monetary gold principle on the determination of jurisdiction in the mixed maritime disputes

2023

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Mixed maritime disputes are maritime disputes that involve the concurrent consideration of any dispute concerning sovereignty or other rights over continental or insular land territory, which according to Article 298(1)(a)(i) of United Nations Convention on the Law of the Sea, should be excluded from the jurisdiction of a court or tribunal referred to in Article 287. However, by means of treaty interpretation or consensus of two parties, International Tribunal for the Law of the Sea and other Annex VII tribunals have increasingly broken through the limits to actively exercise jurisdiction. Judgements under the influence of this tendency will be firmly resisted by states whose sovereign interests are damaged. Moreover, these judgements will not only fail to resolve disputes, but will create more serious international law and international political disputes, such as the judgement on preliminary objections of Mauritius v. Maldives delimitation case. In this judgement, the Special Chamber of International Tribunal for the Law of the Sea circumvented the Monetary Gold principle by citing the International Court of Justice advisory opinion and United Nations General Assembly resolution, which had no legally binding force. It is proposed that this judgement could open Pandora's box of challenges to general principles of international law and jurisdiction over sovereignty disputes. For States with mixed maritime disputes to resolve the issues mentioned above, it is necessary to respond to lawsuits actively, avoid adverse consequences caused by default judgements and reach regional consensus, and avoid unfavourable International Court of Justice advisory opinions and United Nations General Assembly resolutions.

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Section: The Special Chamber Could Use Icj Advice Opinion and Unga Re...mentioning

confidence: 99%

The impact of the monetary gold principle on the determination of jurisdiction in the mixed maritime disputes

2023

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“…124 In that case, the ICJ had found that there was insufficient evidence to prove Uruguay's alleged failure to comply with a treaty obligation to protect a river ecosystem and human health. 125 While the ICJ'streatment of evidence has since been the subject of scholarly attention, 126 less attention has been paid to the evidentiary regime of the ECtHR. Here, weighing the evidence in climate cases might also, as the Human Rights Centre of Ghent University argued in its third party intervention in Klimaseniorinnen,meanamendi ngtheCourt 's approach to evidence to substitute the need for scientific certainty with an application of the precautionary principle.…”

Section: Substantive Issuesmentioning

confidence: 99%

The Future is Now: Climate Cases Before the ECtHR

Keller¹,

Heri²

2023

Reflections on the Future of Human Rights

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“…In the Aegean Sea case, the Court takes notice of the invocation of a reservation made by an absent party that was presented thru non-procedural channels (Devaney, 2016): this position has been criticized by the commentators since it might imply an unbalance in the delicate state of the equality of parts in a procedure governed by Article 53: 47. In the procedural circumstances of the case it cannot be said that the Court does not now have before it an invocation by Turkey of reservation (b) which conforms to the provisions of the General Act and of the Rules of Court.…”

Section: The Value Of Informal Communications With the Courtmentioning

confidence: 99%

Consequences of non-appearance before the international court of justice: debate and developments in relation to the case Nicaragua vs. Colombia

Arévalo-Ramírez

Lamus

2017

juridicas

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The article analyzes the non-appearance before the International Court of Justice motivated by the turbulent reception by the Colombian Government of the 2012 and 2016 sentences of the I.C.J in the cases between Nicaragua and Colombia, with the objective of establishing the consequences of such conduct. Methodologically, the jurisprudence that has applied Article 53 of the Statute, and the different consequences of nonappearance in cases before the Court are studied. Through an analysis of jurisprudence the document discusses the nature of non-appearance, its effects on the sentence, the agents, the applicable law, the evidence and the procedure, to conclude that, although non-appearance is a behavior allowed to the State Parties, it is in general detrimental to its procedural interests, its defense of the case and the administration of international justice as a system, especially in such technical cases as those related to maritime delimitation and liability in relation to alleged violations of sovereign rights and maritime spaces.

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Fact-Finding before the International Court of Justice

Cited by 27 publications

References 126 publications

The impact of the monetary gold principle on the determination of jurisdiction in the mixed maritime disputes

The impact of the monetary gold principle on the determination of jurisdiction in the mixed maritime disputes

The Future is Now: Climate Cases Before the ECtHR

Consequences of non-appearance before the international court of justice: debate and developments in relation to the case Nicaragua vs. Colombia

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