International Court of Justice allows Iran claim to proceed to the merits phase but upholds jurisdictional objection on sovereign immunity

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

ICJ determines first ever compensation claim for environmental harm

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

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 and Consular Rights (the "Treaty"). Notably, Iran's application concerns allegations that the US, through measures … Read more

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 pursue a compensatory claim for damage done to property or even an expropriation claim in … Read more

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 Intelligence Organisation (ASIO) from the office of an Australian lawyer representing East Timor in an … Read more

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 Ocean. The judgment brings to an end a six-year legal proceeding. The judgment is particularly … Read more

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 lawyer representing East Timor in an upcoming arbitration with Australia. At the hearing, which was … Read more

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 an upcoming arbitration with Australia. By its application, East Timor requests a declaration that the … Read more

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 between Burkina Faso and Niger, with the governments of both West African nations expressing satisfaction … Read more