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On 29 November 2022, a group of 19 States published the draft text of a proposed United Nations General Assembly resolution which would request an advisory opinion from the International Court of Justice (“ICJ“) on climate change (the “Draft Resolution“) (available here). The initiative, led by the small island State of Vanuatu, was described by … Read more
On 22 July 2022, the International Court of Justice (ICJ) dismissed all preliminary objections raised by Myanmar against a claim brought by The Gambia alleging violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention). The judgment confirms that the ICJ will go on to rule on … Read more
On 13 February 2019, the International Court of Justice dismissed one of the United States’ jurisdictional objections to a claim by Iran, upheld another and deferred a final jurisdictional objection to the merits phase in the case concerning Certain Iranian Assets (Iran v United States). The substantive claim, brought by Iran against the United States, … Read more
On 2 February 2018, the International Court of Justice (the “ICJ” or the “Court”) delivered judgment in the case concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v Nicaragua), determining the amount of compensation due to Costa Rica for environmental harm caused by Nicaragua’s activities in the northern part of … Read more
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 and Consular Rights (the "Treaty"). Notably, Iran's application concerns allegations that the US, through measures … Read more
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 pursue a compensatory claim for damage done to property or even an expropriation claim in … Read more
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 Intelligence Organisation (ASIO) from the office of an Australian lawyer representing East Timor in an … Read more
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 Ocean. The judgment brings to an end a six-year legal proceeding. The judgment is particularly … Read more
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 lawyer representing East Timor in an upcoming arbitration with Australia. At the hearing, which was … Read more