International Court of Justice

Page 1 of 37

Filter category

Feature post image

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’, especially in relation to the law of treaties, may be explained by the ILC’s vision to reinforce international law by instilling the rules on ‘law-making’ with clarity and certainty over time, thus convincing States to continue to use international law as a means for regulating international affairs. This last point is a significant endeavour at a time when some States seem increasingly keen to depart from multilateralism. Jan Klabbers, in the same issue of EJIL, has commented on my article. I dispel his misunderstanding of my argument in a Letter to the Editors in a forthcoming issue of EJIL. However, Klabbers also asks (I paraphrase bluntly): why should we listen to the ILC? And urges…

Read more

Secondary Sanctions: A Weapon out of Control? Part III: Looking beyond the WTO – possible avenues to raise a Judicial Challenge against Secondary Sanctions

Judicial remedies at the domestic and international level In our two previous posts we examined the legality of secondary sanctions in light of customary law on the exercise of State jurisdiction, on the one end (here), and conventional law, specifically the IMF Articles of Agreement, on the other hand (here). Having established that, depending…

Read more

Nationality as we know it? – A note on the genuine link

The Nottebohm judgement is probably one if not the best-known case of the ICJ. Ever since its release in 1955 the tune of a genuine link has been reverberating in international law. However, just like so many other one-hit wonders the genuine link has been belittled and failed to genuinely make inroads into doctrinal circles. The…

Read more

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 the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar) and Appeal Relating to the Jurisdiction of the ICAO Council under Article II,…

Read more

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 in previous posts on the Marshall Islands cases here, here, here), contained in operative paragraph 2 F (§ 105) of the Opinion: “(t)here exists an obligation to…

Read more
  • Page 1 of 37
  • Last