The International Court of Justice in Maritime Disputes

The International Court of Justice in Maritime Disputes
Author: Julio Faundez
Publisher: Routledge
Total Pages: 165
Release: 2018-09-03
Genre: Law
ISBN: 0429799314

The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.

The International Court of Justice and Maritime Disputes

The International Court of Justice and Maritime Disputes
Author: Julio Faúndez
Publisher:
Total Pages: 0
Release: 2019
Genre: Chile
ISBN: 9781138343320

The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court's finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.

The International Court of Justice and the Effectiveness of International Law

The International Court of Justice and the Effectiveness of International Law
Author: Philippe Couvreur
Publisher: Martinus Nijhoff Publishers
Total Pages: 277
Release: 2016-11-28
Genre: Law
ISBN: 9004328866

The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.

Jurisdiction of the International Court of Justice

Jurisdiction of the International Court of Justice
Author: Hanqin Xue
Publisher: BRILL
Total Pages: 262
Release: 2017-07-03
Genre: Law
ISBN: 9004342761

The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.

The Aegean Maritime Disputes and International Law

The Aegean Maritime Disputes and International Law
Author: Yucel Acer
Publisher: Taylor & Francis
Total Pages: 304
Release: 2017-07-05
Genre: Law
ISBN: 1351895192

This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.

International Law Relating to Islands

International Law Relating to Islands
Author: Sean D. Murphy
Publisher: BRILL
Total Pages: 383
Release: 2019-03-25
Genre: Law
ISBN: 9004361545

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

The Statute of the International Court of Justice

The Statute of the International Court of Justice
Author: Andreas Zimmermann
Publisher: OUP Oxford
Total Pages: 1798
Release: 2012-10-11
Genre: Law
ISBN: 0191632538

The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

The International Court of Justice and Boundary Delimitation

The International Court of Justice and Boundary Delimitation
Author: Iyadah John Viko
Publisher: LAP Lambert Academic Publishing
Total Pages: 52
Release: 2012
Genre:
ISBN: 9783659233920

Generally, law is to be interpreted and applied strictly except where the strict application of the law will not serve the best interest of the law and the parties involved. What happens when the strict application of the law is both not satisfactory to the parties? The option of appeal to a higher court of jurisdiction cripples in. More disturbing for the parties is where review of the decision of the court or tribunal cannot be appealed against as the Court is the apex in hierarchy. The International Court of Justice is the apex International Court and its decisions are always final without ado. The above sentence is exemplified by the total disregard of the provision of the 1958 Geneva Convention and the United Nations Convention on the Laws of the Sea 1982 in some North Sea cases of maritime boundary delimitation. Though recent ICJ decisions seem more certain and acceptable than its earlier decisions yet not a panacea for maritime boundary disputes. This was clearly illustrated in the boundary disputes between Cameroon and Nigeria. While boundary limitation seems to be the norm, this work shows why Joint Development should be emabraced to maritime delimitaion.

The International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea
Author: P. Chandrasekhara Rao
Publisher: Martinus Nijhoff Publishers
Total Pages: 264
Release: 2001-07-06
Genre: Law
ISBN: 9789041116017

This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.