International Tribunals

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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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Conditional Decisions: A Solution for Ukraine v. Russia and Other Similar Cases?

On 21 February 2020, the tribunal in the Coastal State Rights arbitration between Ukraine and Russia rendered an award on preliminary objections. Although the tribunal decided that the case would proceed to the merits, it held that it did not have jurisdiction over any of Ukraine’s claims that would “necessarily…

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The Award concerning Preliminary Objections in Ukraine v. Russia : Observations regarding the Implicated Status of Crimea and the Sea of Azov

On 21 February 2020 the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) rendered its…

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NGOs and ECtHR judges: A Clarification

The 5 March blog post by Grégor Puppinck is not really a result of academic research, nor does it manage to identify an actual problem of public policy. Despite its civility in style and appearance of balance, the blog post, as well as the underlying European Centre for Law and Justice (ECLJ) report written by the…

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