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Defences and indispensable incidental issues: the limits of subject-matter jurisdiction in view of the recent ICJ ICAO Council judgments

On 14 July 2020, the ICJ issued its judgments on the cases of the Appeal Relating to the Jurisdiction of the ICAO Council under Article 84 of…

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The ICJ and nuclear disarmament: towards a universal obligation?

Today is the anniversary of the ICJ’s Nuclear Weapons Advisory Opinion. We would like to revisit, and invite readers to reflect on, one particular conclusion (not discussed…

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The Monetary Gold Doctrine and the ICC: Can the ICC determine the Territorial Boundaries of Israel and Palestine?

The Prosecutor of the International Criminal Court (ICC) has been engaged in a Preliminary Examination of the situation in Palestine since January 2015. By December 2019, the Prosecutor…

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A Reference to the ICJ for an Advisory Opinion over COVID-19 Pandemic

Much has been said about the ICJ’s contentious jurisdiction in the context of the COVID-19 pandemic, stressing in this respect the problem of the State’s acceptance of jurisdiction…

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The Legal Duty to Cooperate amid COVID-19: A Missed Opportunity?

  The unprecedented effects of COVID-19 have encouraged cooperation and commitment among different States to fight the pandemic and combat its socio-economic impacts. For example,…

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India’s Modified Declaration on the Jurisdiction of the International Court of Justice

The External Affairs Minister of India submitted a Declaration on 27 September 2019 accepting as compulsory ipso facto and without any special agreement the jurisdiction of the…

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The Extraterritorial Application of the Fair and Equitable Standard: The 1955 US-Iran Treaty of Amity before the International Court of Justice

Introduction In July 2018, Iran brought claims against the United States (US) before the International Court of Justice (ICJ). The former alleged breaches of certain treaty…

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ICJ Indicates Provisional Measures in the Myanmar Genocide Case

  Today the International Court unanimously issued its provisional measures order in the case brought by The Gambia against Myanmar under the Genocide Convention. The order is available…

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The Challenges for the ICJ in the Reliance on UN Fact-Finding Reports in the Case against Myanmar

  This past week’s provisional measures hearing in the case against Myanmar at the International Court of Justice (ICJ) made for a remarkable spectacle (see here,…

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The Same Thing? Negotiation and Articles 11-13 of the CERD Convention in Ukraine v Russian Federation

On 8 November 2019, the ICJ issued its preliminary objections judgment in Ukraine v. Russian Federation – see here for an excellent discussion of its importance. This…

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