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Taking China to the International Court of Justice over COVID-19

Scholars have claimed that China’s conduct with respect to COVID-19 (and the novel coronavirus SARS-CoV-2) violated the International Health Regulations,…

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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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Green Light from the ICJ to Go Ahead with Ukraine’s Dispute against the Russian Federation Involving Allegations of Racial Discrimination and Terrorism Financing

  On 8 November 2019, the ICJ delivered its highly anticipated judgment in Ukraine v Russia on the preliminary objections raised by the Russian Federation with respect…

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Abuse of Process and Abuse of Rights Before the ICJ: Ever More Popular, Ever Less Successful?

Abuse of process and abuse of rights objections seem to have become increasingly popular in cases before the ICJ. While acknowledging that the two concepts have much in…

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Clarification and Conflation: Obligations Erga Omnes in the Chagos Opinion

The recent ICJ Advisory Opinion concerning the Chagos Islands has, understandably, received a great deal of attention. The controversies surrounding the more political elements of the decision…

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An Analysis of the Use of ICJ Jurisprudence in Investor-State Dispute Settlement

Last October 2018, the International Court of Justice (“ICJ” or “the Court”) issued its merits judgment in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v.

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Venezuela’s Non-Participation Before the ICJ in the Dispute over the Essequibo Region

On 18 June 2018, Venezuela notified the International Court of Justice that it intends not to participate in the proceedings before the Court in the case…

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