International Court of Justice

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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 International Court of Justice (ICJ) in conformity with article 36 paragraph 2 of the ICJ Statute. This new Declaration replaces the previous one made 45 years ago on 18 September 1974. 1974 Declaration replaced the 1959 Declaration, and the latter replaced the 1956 Declaration. These Declarations, while accepting the compulsory jurisdiction of the Court, provide certain reservations excluding certain kinds of disputes from the Court’s jurisdiction. The new Declaration does not delete any substantive text from the 1974 Declaration while it includes some additions. The two significant additions are to paragraphs 4 and 7. The third addition in the form of paragraph 13 reserves the future right to amend or terminate the Declaration from the moment of notification to that effect. Modified paragraphs 4 and 7 read as follows: (4) disputes relating to or connected with facts or situations of hostilities, armed…

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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 provisions of the 1955 Treaty of Amity, Economic Relations and Consular Right between the United States of America and Iran (1955 Treaty) because of the latter’s (re)imposition of sanctions…

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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 here, the three separate opinions here. For our previous coverage of the case, see here. The fact that the Court ordered provisional…

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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, here, and here). Acting as the head of her country’s delegation, Nobel Peace Prize winner Aung San Suu Kyi sat silently as The Gambia’s legal team laid out its…

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Bringing Deforestation before an International Court?

  Deforestation is a key issue in the fight against climate change. In all areas of the world, forests are being transformed for different uses, all leading to a loss of forest cover “from 31.6 percent of the global land area to 30.6 percent between 1990 and 2015”. Recently, the Amazon fires have caused concern around the…

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