Index
Page numbers in italic refer to illustrations and figures. Page numbers followed by a t refer to tables.
academia
and fragmentation of legal order
156
ICJ’s referencing of
143–146
scholarly critiques of ICJ by
147–148
Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo advisory opinion
89, 147, 151
advisory opinions
of African Court on Human and Peoples’ Rights
115–116
of ECHR
111–112
of IACHR
113–115
of ICJ
.
see advisory opinions of ICJ
advisory opinions of ICJ
in general
80
and advising on disputes
94–98
compared to
African Court on Human and Peoples’ Rights
115–116
ECHR
111–112
IACHR
113–115
and consent
96
declining of
97–98
function of
development of international law
88–90
facilitating UN activities
87
protection of UN system
90–92
limited use of
169
list of
118–120t
non-binding character of
84–85
and non-members/international organizations
84–85
request procedure for
in general
81–83, 165, 187
State participation in
168–170, 168
timelines for
108–110, 110t
requests for
by other UN organs
106
by UNGA
105–108
voting on
165–167, 167
scope of
80–81, 82
advisory proceedings of ICJ
in general
84, 165, 187
State participation in
168–170, 168
timelines for
108–110, 110t
Aegean Sea Continental Shelf case
101n56
Aerial Incident at Lockerbie case
103–104
African Court on Human and Peoples’ Rights
115–116
agorae
147
Albania v. UK, Corfu Channel case
101, 180–181
Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea case
131
American Convention on Human Rights
113
American Journal of International Law
147
Ammoun, Fouad
144
Amr, Mohamed Sameh M.
170
Ancient Greece
4–5
Application for Review of Judgment No. 333 of the United Nations Administrative Tribunal advisory opinion
108–109
Application of the Convention on the Prevention and Punishment of the Crime of Genocide case
125–126, 130
Application of the International Convention on the Elimination of All Forms of Racial Discrimination case
69–70, 144
arbitration
.
see international arbitration
Argentina v. Uruguay, Pulp Mills on the River Uruguay case
74, 125, 131
Argos
5
arguing, before ICJ
61–66
Armed Activities on the Territory of the Congo case
125
and ICJ’s jurisdiction
38–40
Arrest Warrant case
75, 137
Australia
international law in
138
v. Japan, Whaling in the Antarctic case
182–183
Avena case
33, 134–135, 147, 180
Azevedo, Philadelpho
27
Barcelona Traction case
33, 79
Bedjaoui, Mohammed
104
Beit Surik case
140
Belgium
filling of preliminary objections by
175
and ICJ’s review of decisions of UNSC
102–103
v. Congo, Arrest Warrant case
75, 137
v. Senegal, Questions Relating to the Obligation to Prosecute or Extradite case
75
v. Spain, Barcelona Traction case
33, 79
Bentham, Jeremy
7
Berman, Franklin
90
Bogdandy, Armin von
66
Bonafé, Beatrice
43
Bosnia v. Serbia & Montenegro, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case
125–126, 130
Brazil
166
Breard case
75, 129, 134–135
Buergenthal, Thomas
39
Cambodia v. Thailand, Temple of Preah Vihear case
56, 76–77, 183–184
Cannizzaro, Enzo
43
Case Concerning Avena and Other Mexican Nationals
33, 134–135, 147, 180
Čelebići case
129–130
Central American Court of Justice
125
CERD
.
see International Convention on the Elimination of All Forms of Racial Discrimination
Certain Expense of the United Nations advisory opinion
88, 91–92
Certain Questions of Mutual Assistance in Criminal Matters case
59–61
Chad v. Libya
184
Chagos Archipelago Separation from Mauritius advisory opinion
89, 106
Charter of the United Nations
adoption of
22
on advisory opinions
94
creation of
25
on methods of dispute settlement
30
on national courts
134
on status of ICJ
26
China
167, 173, 188
Colombia
v. Nicaragua, Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea case
131
v. Peru, Haya de la Torre case
179–180
“A Comment on the Current Health of Advisory Opinions” (Higgins)
86
Commission on Human Rights on the Independence of Judges and Lawyers
84
Compatibility of Draft Legislation advisory opinion
114
competence-competence principle
37
compliance
with judgement of ICJ
in general
178–179
appearance of
182–183
defining of
179–180
and legitimacy
183–184
for other reasons
181–182
and timing issue
180–181
compromissory clauses
48
Compulsory Arbitration of International Disputes (Cory)
8
compulsory jurisdiction
and ICJ
27
objections to
9
and PCIJ
14–15
Compulsory Jurisdiction and Defiance in the World Court: A Comparison of the PCIJ and the ICJ (Scott & Csajko)
18
Conditions of Admission of a State to Membership in the United Nation advisory opinion
91
Congo
v. Belgium, Arrest Warrant case
75, 137
v. Rwanda, Armed Activities on the Territory of the Congo case
39–40
v. Uganda, Armed Activities on the Territory of the Congo case
38–39, 125
consent
and advisory opinions
96
and ICJ’s jurisdiction
36–37, 37–40
by implication
59–60
principle of
35–36
context, interpretation of term
42, 43
Continued Presence of South Africa in Namibia advisory opinion
88, 92, 109
Controlling Interlocutory Aspects of Proceedings in the International Court of Justice (Rosenne)
72
Convention for the Pacific Settlement of International Disputes (1899)
9–10
Convention on Mutual Assistance in Criminal Matters (1986; France and Djibouti)
60
Convention on Privileges and Immunities of the United Nations
81n3
Convention on the Prevention and Punishment of the Crime of Genocide (1948)
48
Corfu Channel case
101, 180–181
Cory, Helen May
8
Costa Rica
114
courts
.
see international courts/tribunals; national courts
Couvreur, Philippe
23, 26, 102–103
Covenant of the League of Nations (1919)
12–13, 14, 25, 94
Csajko, Karen D.
18
Cuba
162, 168
Cumaraswamy, Dato Param
84
Czech Republic
167, 169
De Jure Belli ac Pacis (Grotius)
12
Democratic Republic of the Congo (DRC)
.
see Congo
The Development of International Law by the International Court of Justice (Lauterpacht)
65
Developments in Dispute Settlement Inter-State Arbitration Since 1945 (Gray & Kingsbury)
7
Diplomatic Protection and the International Court of Justice (Donoghue)
30–31
disagreements
17, 45–46
disputes
17, 46
Djibouti v. France, Certain Questions of Mutual Assistance in Criminal Matters
59–61
domestic law
135–141
Donoghue, Joan E.
30–31
DRC (Democratic Republic of the Congo)
.
see Congo
Dumbarton Oaks Conference (1944)
21
Eastern Carelia advisory opinion
17, 87n20
ECHR
.
see European Court of Human Rights
effective control tests
126, 130
Eichmann case
136–137
El Salvador
174
Elaraby, Nabil
40
Electricity Company case
17
equality, principle of
61–63
Estonia, and ICJ, optional clause declaration of
53
Ethiopia v. Liberia, South West Africa cases
71, 88, 152n105
European Convention for the Peaceful Settlement of Disputes
49
European Convention on Human Rights and Fundamental Freedoms
111–112
European Court of Human Rights (ECHR)
111–112
forum prorogatum doctrine
59–61
forum shopping
127
Fragmenting International Law through Compromissory Clauses? Some Remarks on the Decision of the ICJ in the Oil Platforms Case (Cannizzaro & Bonafé)
43
framework agreements
51–52
France
and ICJ
in general
173
advisory proceedings, voting on
166–167
filling preliminary objections by
175
optional clause declarations of
56, 174
as respondent
159
v. Djibouti, Certain Questions of Mutual Assistance in Criminal Matters
59–61
v. Turkey, Lotus case
36
Free Zones case
17
From the Consensual to the Compulsory Paradigm (Romano)
56–57
General Act for the Pacific Settlement of Disputes (1928)
49
Gent, Stephen E.
5
Georgia v. Russia, Application of the International Convention on the Elimination of All Forms of Racial Discrimination
69–70, 144
Germany
and ICJ
filling preliminary objections by
175
optional clause declaration of
55
v. Italy, Jurisdictional Immunities of the State case
137
v. UK, S.S. Wimbledon case
14
v. US, LaGrand case
75, 129, 134–135
Gray, Christine
7
Greece
optional clause declaration of
54
v. Turkey, Aegean Sea Continental Shelf case
101n56
Grotius, Hugo
12
Guatemala
as non-appearing respondent
177
v. Liechtenstein, Nottebohm case
144, 177
Guerrero, José Gustavo
23
Guggenheim, M.
144
Guillaume, Gilbert
127–128
Hafner, Gerhard
46
Hague Peace Conference (1899)
8–9
Harvard Law Review
147
Haya de la Torre case
179–180
Henkin, Louis
144
Herzegovina v. Serbia & Montenegro, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case
125–126, 130
Higgins, Rosalyn
25
on advisory opinions
86
on consent
40
on fragmentation of international law
125–126
opinion of, in Oil Platforms Case
44
The History of the Peloponnesian War (Thucyclides)
5
Honduras
175
Huber, Max
13–14
IACHR
.
see Inter-American Court of Human Rights
ICC
.
see International Criminal Court
ICJ
.
see International Court of Justice
ICSID
.
see International Center for the Settlement of Investment Disputes
ICTY
.
see see International Criminal Tribunal for the Former Yugoslavia
ILC
.
see International Law Commission
India
and ICJ
in general
187–188
advisory proceedings, participation in
166, 169
preliminary objections by
175
and international law
139–140
“The Influence of Teaching of Publicists on the Development of International Law” (Sandesh)
146
Informal Inter-Allied Committee on the Future of the Permanent Court of International Justice
20–21
Inter-American Court of Human Rights (IACHR)
113–115, 129
international adjudication
characteristics of
5
early forms of
4–7
ICJ’s role within
30–31
vs. international arbitration
5
under specific courts
international arbitration
as barrier against conflict
8
characteristics of
5
genesis of modern
5–7
vs. international adjudication
5
and PCA
9, 10–11
principle of consent in
36
process of
8
International Center for the Settlement of Investment Disputes (ICSID)
122
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
70
The International Court of Justice and the Effectiveness of International Law (Couvreur)
102–103
International Court of Justice (ICJ)
in general
2–3, 136
activity by decade of
20
admissibility to, of legal disputes
45–47
advisory function of
.
see advisory opinions of ICJ
annual report of
106
arguing before
61–66
assessment of
in general
156–157
advisory opinions, state participation
168–170, 168
advisory opinions, voting on
165–167, 167
applicants
158–159, 158, 159, 160
compliance with
178–185
intervention patterns
161–163
non-use of
172–173
optional clause declaration
163–165, 164, 173–174
preliminary objections
174–175, 174, 175
respondents
159–160, 160, 161, 176–178
competence of
37, 42, 46
composition of
23–24
judges of ICJ; Registrars of ICJ
as court of appeal
140–141
and development of international law
65
and equality, principle of
61–63
establishment of
2
and international organizations
31–32, 33–35
judgement of
.
see judgements of ICJ
judges of
.
see judges of ICJ
jurisdiction of
.
see jurisdiction of ICJ
jurisprudence of, decisions of national courts in
135–138
Practice Directions of
151–152
premises of
29, 58
press release of
132
proceedings of
in general
66–67
advisory opinions
,
see advisory proceedings of ICJ
preliminary objections
67–73, 67
provisional measures
73–77
relationship of
with academia
143–148, 156
with ICTY
130–131
with national courts
.
see national courts
with non-state actors
.
see non-state actors
with other courts and tribunals
121–123
with States
.
see States
with UN
.
see advisory opinions of ICJ
with UNGA
105–108
with UNSC
99–105
role of
2, 30–31
Rule of Court of
.
see Rules of Court (of ICJ)
scholarly critiques of
147–148
similarities between PCIJ and
18
status of
25, 26, 27, 155–156
Statute of
.
see Statute of the International Court of Justice
teaching of
courses overview
210–228
moot court
on UNGA resolutions
106–108
and value of legal precedents
63–66
international courts/tribunals
and ICJ
121–123
proliferation of
in general
122–123
and absence of hierarchy
129–130
and forum shopping
127
and international law
124–132
and variance in interpretation
127–128
International Criminal Court (ICC)
122, 125
International Criminal Tribunal for the Former Yugoslavia (ICTY)
122, 126, 129
International Labor Organization
150
international law
and changing views on war
12
development of
and advisory opinions
88–90, 114
ICJ’s role in
65
PCIJ’s role in
13–14, 16–18
and proliferation of courts and tribunals
124–132
and teachings of publicists
146
and domestic law
135–141
fragmentation of
in general
124–132
and loss of scholarly interests
156
principle of consent in
36
International Law Commission (ILC)
145–146
International League of the Rights of Man
152n105
International Legal Argument in the Permanent Court of International Justice (Spiermann)
17
international organizations
33–34, 149
International Status of South West Africa advisory opinion
152n105
International Tribunal for the Law of the Sea (ITLOS)
121–122
International Whaling Commission (IWC)
183
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania advisory opinion
87, 97–98
intervention patterns
161–163
Iran
Treaty of Amity with US
41–42
v. US
Oil Platforms case
37, 41–44, 48
United States Diplomatic and Consular Staff in Tehran case
46–47, 75, 182
Islamic Conference
151
Israeli Supreme Court
140
Italy v. Germany, Jurisdictional Immunities of the State case
137
ITLOS
.
see International Tribunal for the Law of the Sea
IWC
.
see International Whaling Commission
Japan
party to Statute of ICJ
32
v. Australia, Whaling in the Antarctic case
182–183
Japanese Whale Research Program under Special Permit in the Antarctic (JARPA II)
182–183
Jay Treaty (1794; UK and US)
5–6
Jennings, Robert
17, 122
joint committees
5–6
judgements of ICJ
79
compliance with
in general
178–179
appearance of
182–183
defining of
179–180
and legitimacy
183–184
for other reasons
181–182
and timing issue
180–181
judges of ICJ
in general
23, 24
ad hoc
23, 24
appointment of
107
backgrounds of
143–144
per state
189
scholarly referencing by
144–145
jurisdiction of ICJ
broadness of
35–36
compulsory
27, 37, 44
conferring of
in general
47
under forum prorogatum doctrine
59–61
by optional clause declaration
52–54, 58–59
by treaties, after dispute arises
50–54, 51
by treaties, before dispute arises
48–49
by consent
36–44
Jurisdiction of the International Court of Justice (Xue)
177
Jurisdictional Immunities of the State case
137
Kingsbury, Benedict
7
Kooijmans, Pieter
40
Kosovo, and Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo advisory opinion
89, 147, 151
LaGrand case
75, 129, 134–135
Lauterpacht, Hersch
65
Lawmaking through Advisory Opinions? (Oellers-Frahm)
88
League of Arab States
151
League of Nations
central political organs of
11–12n16
Covenant of
12–13, 14, 25, 94
creation of PCIJ by
2, 4, 13
dissolvement of
24
establishment of
11
UN replacing of
22
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory advisory opinion
84, 98, 140, 146, 151
legal precedents, value of
63–66
Legality of the Use by a State of Nuclear Weapons in Armed Conflict advisory opinion
108–109, 152n105
Liberia v. Ethiopia & South Africa, South West Africa cases
71, 88, 152n105
Libya
v. Chad
184
v. UK & US, Aerial Incident at Lockerbie case
103–104
Liechtenstein
party to Statute of ICJ
32
v. Guatemala, Nottebohm case
144, 177
Lockerbie bombing
103–104
Lotus case
36
Magritte, René
2–3
Mara’abe case
140
Mavrommatis case
17
Mexico
optional clause declaration of
58–59
v. US
Avena case
33, 134–135, 147, 180
Breard case
129
Milanović, Marko
130–131
Military and Paramilitary Activities in and against Nicaragua case
compliance in
181–182
effective control test in
126
merits in
63
provisional measures in
75, 76
and UNSC
100, 101
withdrawal optional clause declaration in
55–56
Montenegro v. Bosnia & Herzegovina, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case
125–126, 130
Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971)
103
Moore, John Norton
144
moot court
in general
190–191
oral pleadings phase
addressing the court
194–195
conclusion
195
oral pleadings
193–194
overview
193
room setup
193–194
timekeeper
194
problems
197–205
recap session
196
written pleadings phase
judges’ notes
192
memorial
191–192
overview
191
NAFTA
.
see North American Free Trade Agreement
Namibia
.
see Continued Presence of South Africa in Namibia advisory opinion; South West Africa cases
National Bank of Albania
181
national courts
relationship with ICJ of
in general
134
complying with ICJ decisions
134–135
decisions of ICJ in jurisprudence of national courts
138–141
decisions of national courts in ICJ’s jurisprudence
135–138
Nauru
32
Netherlands
169
neutral third party
5, 6
New Scientific Whale Research Program in the Antarctic Ocean (NEWREP-A)
183
Nicaragua
and ICJ, as respondent
159
v. Colombia, Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea case
131
v. US, Military and Paramilitary Activities in and against Nicaragua case
37, 55–56, 75, 76, 100, 101, 126, 181–182
Nicolas II, Tsar of Russia
8–9
No Thanks, We Already Have Our Own Laws (Posner)
139
non-appearing respondents
176–178, 176
non-legal disputes, v. legal disputes
45
non-state actors
and ICJ
in general
31–32, 33–35, 148–149
in advisory proceedings
150–152
in contentious proceedings
149
and PCIJ
150
North American Free Trade Agreement (NAFTA)
122
North Sea Continental Shelf case
144, 145
Norway
175
Nottebohm case
144, 177
Nuclear Tests cases
56
Nuclear Weapons advisory opinion
108–109, 152n105
OAS
.
see Organization of American States
OAU
.
see Organization of African Unity
Oda, Shigeru
76
Oellers-Frahm, Karin
88
Oil Platforms Case
37, 41–44, 48
On the Functions of International Courts: An Appraisal in Light of Their Burgeoning Public Authority (Bogdandy & Venzke)
66
optional clause declaration
in general
15–16, 52–53, 55–56, 58–59
assessment of
163–165, 164
limited use of
56–57
States not making use of
173–174
temporal reservation to
53
withdrawal of
55–56
Organization of African Unity (OAU)
115–116
Organization of American States (OAS)
49, 113–114
overall control tests
126, 130
Owada, Hisashi
40
Pakistan
175
Palestine
and Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory advisory opinion
84, 98, 140, 146, 151
v. US, Relocation of the United States Embassy to Jerusalem case
34, 149
Paraguay v. US, Breard case
75, 129, 134–135
Passage through the Great Belt Case (Finland v. Denmark)
31
PCA
.
see Permanent Court of Arbitration
PCIJ
.
see Permanent Court of International Justice
Peace Palace (The Hague)
29, 58
peer-based justice
5
Permanent Court of Arbitration (PCA)
9, 10–11, 107
Permanent Court of International Justice (PCIJ)
achievements of
16–19
adjudicative function of
13
advisory function of
80–81, 94
and compulsory jurisdiction
14–15
disputes handled by
16
dissolvement of
23
establishment of
2, 4, 13
and international law
13–14, 16–18
jurisprudence of, decisions of national courts in
137
and non-state actors
150
and optional clause mechanism
15–16, 52
on principle of consent
36
Rules of Court of
72, 155n2
as separate entity
14, 16
similarities between ICJ and
18
Statute of
15–16
The Perplexities of Modern International Law (Rosenne)
12
Peru v. Colombia, Haya de la Torre case
179–180
The Physiognomy of Disputes and the Appropriate Means to Resolve Them (Hafner)
46
Pinochet cases
136–137
Plant, Brendan
144
Poland
167, 169, 184
political disputes, v. legal disputes
46
The Politics of International Arbitration and Adjudication (Gent)
5
Posner, Richard
139
Practice Directions of ICJ
151–152
preliminary objections
67–73, 67, 174–175, 174, 175
Present-Day Relevance of the Jay Treaty Arbitrations (Schwarzenberg)
6
Prosecutor v. Thomas Lubanga Dyilo case
125
Protocol to the African Charter on Human and Peoples’ Rights
115
provisional measures
73–77
Provisional Measures the Practice of the International Court of Justice (Oda)
76
Pulp Mills on the River Uruguay case
74, 125, 131
Questions Relating to the Obligation to Prosecute or Extradite case
75
Registrars of ICJ
23, 24, 26, 150
Relocation of the United States Embassy to Jerusalem case
34, 149
Reparation for Injuries advisory opinion
88
respondents
in general
159–160, 160, 161
non-appearing
176–178, 176
Riddell, Anna
144
The Role of the International Court of Justice as Principal Judicial Organ of the UN (Amr)
170
Romano, Cesaro
56–57
Rosenne, Shabtai
1, 12, 72
Rules of Court (of ICJ)
amendments to
72, 155–156n2
on international organizations
149
on judges ad hoc
24
on preliminary objections
68
Rules of Court (of PCIJ)
72, 155n2
Russia
and ICJ
in general
173
advisory proceedings, participation in
168
advisory proceedings, voting on
167
filling preliminary objections by
175
v. Georgia, Application of the International Convention on the Elimination of All Forms of Racial Discrimination
69–70, 144
Rwanda v. Congo, Armed Activities on the Territory of the Congo
39–40
Rycroft, Matthew
96
San Francisco Conference (1945)
22, 102
San Marino
32
Schwarzenberger, Georg
6
Schwebel, Steve
104
Scotland
103–104
Scott, Gary L.
18
Secretary-General’s Trust Fund to Assist States in the Settlement of Disputes
62
Security Council Resolutions
32
Senegal v. Belgium, Questions Relating to the Obligation to Prosecute or Extradite case
75
Serbia
filling preliminary objections by
175
v. Bosnia, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case
125–126, 130
Simma, Bruno
40, 131, 144
Singapore
175
Sivakumara, Sandesh
146
South Africa
and ICJ
filling preliminary objections by
175
optional clause declaration of
56
and international law
139–140
v. Liberia, South West Africa cases
71, 88, 152n105
Continued Presence of South Africa in Namibia advisory opinion
South West Africa cases
71, 88, 152n105
Spain
filling preliminary objections by
175
v. Belgium, Barcelona Traction case
33, 79
Sparta
5
Spiermann, Ole
17
S.S. Wimbledon case
14
State Responsibility for Genocide: A Follow Up (Milanović)
130–131
States
and costs of international litigation
62
and ICJ
in general
30, 171, 186–187
advisory proceeding
.
see advisory opinions of ICJ
as applicants
158–159, 158, 159, 160
applications of intervention by
161–163
compliance with judgement of
.
see judgements of ICJ
filling preliminary objections
174–175, 174, 175
and interest of individual
33
not making use of
172–173
optional clause declaration of
.
see optional clause declaration
as respondents
159–160, 160, 161
as respondents, non-appearing
176–178, 176
without UN membership
32, 34
Statute of Permanent Court of International Justice
15–16
Statute of the International Court of Justice
adoption of
22
on advisory opinions
96
on applications of intervention by
161
on composition of ICJ
24
creation of
25
on highly qualified publicists
142–143
on international organizations
150
on judicial continuity with the PCIJ
27
on jurisdiction of ICJ
35, 36
on legal precedents
64
on non-appearing respondents
176
on non-state actors
148
optional clause declaration in
52
on provisional measures
74
on relationship with national courts
135–136
on requests for advisory opinions
83
on specialized chambers
170–171
States party to
31–32
on status of ICJ
26
Sweden
169
Switzerland
32
Tadić case
126, 130
Targeted Killing case
136–137
teaching of ICJ
courses overview
206–223
moot court
Temple of Preah Vihear case
56, 76–77, 183–184
Thailand
optional clause declaration of
56
v. Cambodia, Temple of Preah Vihear case
56, 76–77, 183–184
“The Treachery of Images” (Magritte)
2–3
Thucyclides
5
treaties
compromissory clauses in
48
under specific treaties
Treaty of Amity, Economic Relations, and Consular Rights (US and Iran)
41–42
Treaty of Friendship and Co-operation (1977; France and Djibouti)
60
tribunals
.
see international courts/tribunals
Tripartite Commission for the Restitution of Monetary Gold
181
Turkey
optional clause declarations of
174
v. France, Lotus case
36
v. Greece, Aegean Sea Continental Shelf case
101n56
Uganda v. Congo, Armed Activities on the Territory of the Congo case
38–39, 125
UNESCO World Heritage sites
76–77, 184
United Kingdom (UK)
and ICJ
in general
173
advisory proceedings, voting on
167
filling preliminary objections by
174–175
optional clause declaration of
54
as respondent
159
Jay Treaty with US
5–6
v. Albania, Corfu Channel case
101, 180–181
v. Germany, S.S. Wimbledon case
14
v. Libya, Aerial Incident at Lockerbie case
103–104
United Nations Convention on the Law of the Sea
121–122
United Nations General Assembly (UNGA)
81, 106–108
United Nations Security Council (UNSC)
and ICJ
overview
99–105
advisory function of
81
judges’ appointments
107
and judicial review
102–103
United Nations (UN)
Charter of
.
see Charter of the United Nations
establishment of
20–22
General Assembly of
106–108
and ICJ’s advisory function
.
see advisory opinions of ICJ
and Statute of the International Court of Justice
.
see Statute of the International Court of Justice
United States Diplomatic and Consular Staff in Tehran case
46–47, 74, 182
United States (US)
and ICJ
in general
173
advisory proceedings, voting on
167
filling preliminary objections by
174
optional clause declarations of
55–56, 174
as respondent
159
international law in
138
Jay Treaty with UK
5–6
Treaty of Amity with Iran
41–42
v. Germany, LaGrand case
75, 129, 134–135
v. Iran
Oil Platforms case
37, 41–44, 48
United States Diplomatic and Consular Staff in Tehran case
46–47, 75, 182
v. Libya, Aerial Incident at Lockerbie case
103–104
v. Mexico
Avena case
33, 134–135, 147, 180
Breard case
129
v. Nicaragua, Military and Paramilitary Activities in and against Nicaragua case
37, 55–56, 75, 76, 100, 101, 126, 181–182
v. Palestine, Relocation of the United States Embassy to Jerusalem case
34, 149
v. Paraguay, Breard case
75, 129, 134–135
Uruguay v. Argentina, Pulp Mills on the River Uruguay case
74, 125, 131
The Uses and Abuses of Advisory Opinions (Berman)
90
Venzke, Ingo
66
Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986)
34, 42
Vienna Conventions on Diplomatic and Consular Relations (1961/1963)
49, 129,
135, 180
Visscher, Charles de
102
voting, on advisory opinions
165–167, 167
war, changing views on
12
Western Sahara advisory opinion
95, 97
Whaling in the Antarctic case
182–183
Winiarski, Bohdan Stefan
184
withdrawal, of optional clause declarations
55–56
World Court
.
see International Court of Justice
World Trade Agreement
128–129
World Trade Organization’s Dispute Settlement Body
122, 128–129
Xue, Hanquin
177
Yugoslavia
174n17