International Court of Justice

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Monitoring provisional measures at the International Court of Justice: the recent amendment to the Internal Judicial Practice

On 21 December 2020, the International Court of Justice (ICJ) announced the adoption of a new Article 11 of its Internal Judicial Practice. The new text provides for the creation of an ad hoc committee where the Court orders provisional measures, with three judges, to assist the monitoring of their implementation. The ad hoc committee is meant to examine the information submitted by the parties, report to the Court, make recommendations, and the Court shall decide on the subsequent actions. This post explores potential implications of such modification in current and future cases, especially in The Gambia v. Myanmar, and on the understanding of the Court’s function.

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ICJ Jurisdiction over Obligations to Share Information with the WHO

It has been almost a year since the World Health Organization (WHO) declared the Covid-19 outbreak a public health emergency of international concern (PHEIC) and many parts of the world are still suffering deaths, disease, and lockdowns despite the advent of vaccines. Yet little has happened in terms of international responsibility, even if the blogosphere has produced…

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Legacy of the Statute of the Permanent Court of International Justice, 100 Years Onward

The centenary of the adoption of the Statute of the Permanent Court of International Justice (predecessor to the International Court of Justice) passed this month with relatively little fanfare. As the affiliated court of the League of Nations, casual observers may indeed be inclined to consign the PCIJ’s Statute to the same legacy as the Covenant of its…

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An Analysis of the ICJ’s Judgment on the Merits of the Immunities and Criminal Proceedings (Equatorial Guinea v. France) Case: All for nothing?

The International Court of Justice (ICJ) delivered its judgment on the merits of the Immunities and Criminal Proceeding (Equatorial Guinea v. France) case on Friday the 11th of December. The 45-minute hearing was the end of a 12-year affair. The facts covered by the court go back to the December 2008 filing of a complaint…

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On the ILC, professional background, gender and positivism: A Rejoinder to Jan Klabbers

In “Codification by Interpretation”: The International Law Commission as an Interpreter of International Law, I argue that the United Nations (‘UN’) International Law Commission (‘ILC’) interprets international law; interpretation falls squarely within the ILC’s mandate; the ILC’s interpretative pronouncements can trigger an interpretative dialogue with States whose reactions can lead to ‘authoritative interpretations’; and ‘codification by interpretation’,…

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