ICJ

Iran files case against the USA before the ICJ

In a press release published on 15 June 2016 (available here), the International Court of Justice ("ICJ") announced that Iran has instituted proceedings against the USA, in respect of alleged violations under the 1955 US-Iran Treaty of Amity, Economic Relations … Continue reading

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Filed under ICJ, Iran, Middle East, Sanctions, State to state claims, US

Constitutional rights vs. state immunity: implementation of an ICJ decision on sovereign immunity declared unconstitutional

A recent decision by the Italian Constitutional Court calls into question the applicability of generally accepted principles of sovereign immunity to acts where the relevant state action is particularly egregious violating constitutional rights. It may be possible for claimants to … Continue reading

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Filed under ECHR, ICJ, Sovereign Immunity/State Immunity, State Immunity

ICJ orders provisional measures in proceedings between East Timor and Australia

The International Court of Justice (ICJ) has handed down its decision in respect of provisional measures sought by East Timor in a pending case before the Court. The principal claim relates to documents and data seized by the Australian Security … Continue reading

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Filed under Australia, ICJ, South East Asia

ICJ delimits Peru-Chile maritime boundary

On 27 January 2014, the International Court of Justice (the ICJ or the Court) delivered its judgment in the Maritime Dispute (Peru v Chile) case, which concerned the delimitation of the maritime boundary between Peru and Chile in the Pacific … Continue reading

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Filed under Americas, Boundaries and Delimitation, ICJ

ICJ hears submissions from East Timor and Australia on provisional measures in pending case relating to seizure of documents from office of Australian lawyer

The International Court of Justice (ICJ) has heard submissions from Australia and East Timor on provisional measures sought by East Timor in proceedings relating to documents seized by the Australian Security Intelligence Organisation (ASIO) from the office of an Australian … Continue reading

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Filed under Australia, ICJ

East Timor institutes proceedings against Australia in relation to documents seized from office of Australian lawyer

On 17 December 2013, East Timor instituted proceedings against Australia in the International Court of Justice (ICJ) in relation to documents seized by the Australian Security Intelligence Organisation (ASIO) from the office of an Australian lawyer representing East Timor in … Continue reading

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Filed under Australia, ICJ

ICJ settles boundary dispute between Burkina Faso and Niger

On 16 April 2013, the principal judicial organ of the United Nations, the International Court of Justice (the “ICJ“), issued a judgment determining the course of the frontier between Burkina Faso and Niger. This decision has settled a decades-old dispute … Continue reading

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Filed under Boundaries and Delimitation, ICJ

Rapid Response Seminar: ICJ Judgment in Germany v Italy (Jurisdictional Immunities of the State)

On 19 March 2012, Matthew Weiniger, Partner at Herbert Smith (London), will be speaking at a Rapid Response Seminar at the British Institute of International and Comparative Law.  The seminar will focus on the recent Judgment of the International Court … Continue reading

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Filed under Europe, ICJ, State Immunity

The ICJ firmly upholds principles of sovereign immunity in its recent judgment in the case of Germany v Italy

On 3 February 2012, the International Court of Justice (ICJ) gave judgment in favour of Germany in respect of proceedings against Italy alleging violations of sovereign immunity.  Sovereign immunity is one of the fundamental principles of international law, providing that … Continue reading

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Filed under Advice on State Contracts and Disputes, ICJ, Sovereign Immunity/State Immunity

International Court of Justice declines jurisdiction in dispute between Georgia and the Russian Federation

On 1 April 2011, the International Court of Justice (the “ICJ”) decided it had no jurisdiction to hear an application by Georgia concerning Russia’s international responsibility for “actions on and around the territory of Georgia” in breach of the 1965 … Continue reading

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Filed under Europe, ICJ