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Keywords: International Court of Justice
Journal Article
Doing things with style: a study of the aesthetic features of the International Court of Justice’s judgments and advisory opinions
Irene Miano
Journal of International Dispute Settlement, Volume 17, Issue 1, March 2026, idaf057, https://doi.org/10.1093/jnlids/idaf057
Published: 27 January 2026
... the terms of the Creative Commons Attribution License ( https://creativecommons.org/licenses/by/4.0/ ), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. Abstract The International Court of Justice (ICJ) does things with a peculiar...
Journal Article
De facto transparency?: Investigating the practice of the International Court of Justice
Irene Miano
Journal of International Dispute Settlement, Volume 16, Issue 3, September 2025, idaf033, https://doi.org/10.1093/jnlids/idaf033
Published: 12 September 2025
... it is (or is not) achieved. International Court of Justice transparency communication practices On 6 April 2023 at 3 pm (The Hague time), the International Court of Justice (‘ICJ’ or ‘the Court’) delivered its judgment on preliminary objections in the case concerning the Arbitral Award of 3 October 1899 (Guyana v...
Journal Article
Inscrutable procedural orders: two models of transparency in international dispute settlement (ICSID and ICJ)
Marco Dimetto
Journal of International Dispute Settlement, Volume 16, Issue 3, September 2025, idaf037, https://doi.org/10.1093/jnlids/idaf037
Published: 26 August 2025
... added). The present article aims to investigate possible consequences stemming from the introduction of Rule 27 in ICSID arbitration and identify which possible changes would be brought about in the proceedings before the International Court of Justice (ICJ) by introducing an analogous provision...
Journal Article
Inter-court competition in non-adjudicative activities: a case study of the International Court of Justice presidential speeches, 1991–2022
Zelin Li
Journal of International Dispute Settlement, Volume 16, Issue 3, September 2025, idaf043, https://doi.org/10.1093/jnlids/idaf043
Published: 25 August 2025
... on the article page on our site—for further information please contact [email protected]. Abstract This article draws attention to the practices of non-adjudicative activities by the International Court of Justice (ICJ) and conducts a case study on its presidential speeches before the United Nations...
Journal Article
Held in suspense: the past, present, and future of the suspension of proceedings at the International Court of Justice
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Nikiforos Panagis
Journal of International Dispute Settlement, Volume 16, Issue 3, September 2025, idaf031, https://doi.org/10.1093/jnlids/idaf031
Published: 24 August 2025
... common features that distinguish suspension from similar practices. For its part, the International Court of Justice (ICJ) had never suspended proceedings in any case in its 80-year-old history until late 2024. This article analyses the possible reasons for the lack of ICJ practice in the area...
Journal Article
Farewell to Compulsory Jurisdiction
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Geir Ulfstein
British Yearbook of International Law, brad003, https://doi.org/10.1093/bybil/brad003
Published: 08 April 2023
... the jurisdiction of the International Court of Justice in accordance with its Statute’. 24 Professor Emeritus, Co-Director, PluriCourts Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo, [email protected] . © The Author(s) 2023. Published...
Journal Article
Jurisdiction by Estoppel and Acquiescence in International Courts and Tribunals
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Jack Wass
British Yearbook of International Law, Volume 86, Issue 1, 2016, Pages 155–195, https://doi.org/10.1093/bybil/brx005
Published: 25 April 2017
..., the consensual nature of international jurisdiction. Acquiescence estoppel good faith investment arbitration jurisdiction International Court of Justice Permanent Court of International Justice An international court or tribunal will only enjoy jurisdiction over a state where that state has consented...
Journal Article
Interpreting Articles Adopted by the International Law Commission
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Giorgio Gaja
British Yearbook of International Law, Volume 85, Issue 1, 2015, Pages 10–20, https://doi.org/10.1093/bybil/brv001
Published: 02 September 2015
.... In the jurisprudence of the International Court of Justice (ICJ or Court), where such references are particularly frequent, they have been made mostly, but not exclusively, to the articles on responsibility of States for internationally wrongful acts. 1 Some of these references even pre-date the final...
Journal Article
The Use of Court-Appointed Experts by the International Court of Justice
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Daniel Peat
British Yearbook of International Law, Volume 84, Issue 1, 2014, Pages 271–303, https://doi.org/10.1093/bybil/bru024
Published: 25 October 2014
...Daniel Peat Abstract Faced with increasingly complex cases, the International Court of Justice has come under criticism for failing to appoint neutral experts to assist the Court under Article 50 of its Statute. After examining the limited use of court-appointed experts by the ICJ and its...
Chapter
Development of Rules of Interpretation
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Richard Gardiner
Published: 01 June 2015
... a useful quarry from which to extract principles, arguments, and examples to buttress or supplement particular applications of the rules. This chapter provides an overview of that material and the accompanying literature. International Law Commission International Court of Justice Permanent Court...
Chapter
The General Rule: (3) Relevant Rules of International Law and Special Meanings
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Richard Gardiner
Published: 01 June 2015
... to a particular or peculiar use of a term within the treaty, most readily indicated by a definition provision. International Court of Justice Rules of treaty interpretation Authority of previous decisions (precedents) Treaties, scope (temporal and territorial) Relevant rules of international law...
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Criticism, Themes, Issues, and Conclusions
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Richard Gardiner
Published: 01 June 2015
... of international human rights law and international criminal law, and the problems of inconsistent interpretations in the growing body of case law relating to investment treaties. International Court of Justice European Court of Human Rights Vienna Convention on the Law of Treaties Rules of treaty...
Chapter
The Problem
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Christine Chinkin
Published: 10 June 1993
...International Court of Justice Sources of international law Third party participation The international legal system has been described as a series of bilateral consensual relationships 1 within which rights, commitments, and obligations are formulated, and values are allocated...
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Other Third Party Procedures before International Adjudicative Tribunals
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Christine Chinkin
Published: 10 June 1993
... in particular matters can provide the necessary status for ‘concern’ in the outcome of relevant cases. These bodies are similar to those whose claims to submit amicus briefs have been rejected by the International Court of Justice. However, since the European Court’s function is to determine whether...
Chapter
Published: 10 June 1993
... in the International Court of Justice, 18 Jan. 1985, rep. 24 ILM 246 (1985). 1 e.g. T. Franck , ‘Word Made Law’, 69 AJIL 612–20 (1975) ; P. Lellouche , ‘The Nuclear Tests Cases’, 16 Harv. ILJ 614–37 (1975) ; E. McWhinney , ‘International Law Making and the Judicial Process...
Chapter
Final Clauses
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Eileen Denza
Published: 14 January 2016
...This chapter looks into Articles 48 to 53 of the Vienna Convention on Diplomatic Relations. Article 48 states that the Convention shall be open for signature by all States Members of the UN or any of the specialized agencies or Parties to the Statute of the International Court of Justice...
Chapter
Settlement of Disputes
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Eileen Denza
Published: 14 January 2016
... to maintain diplomatic relations. According to the protocol, disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party...
Chapter
The protection of cultural heritage in armed conflict
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Kristin Hausler
Published: 20 November 2014
... In addition to the role of international criminal courts in punishing individual perpetrators, the International Court of Justice (ICJ), which can hear disputes among states regarding treaty interpretation or breaches of international obligations (including under customary international law), may also issue...
Chapter
Published: 09 May 2013
...International Court of Justice International Criminal Court International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Immunity from jurisdiction, ratione personae Immunity from jurisdiction, ratione materiae Acta jure imperii Acta jure gestionis...
Chapter
Published: 09 May 2013
...International Court of Justice Advisory opinions Res judicata Customary international law Development In his masterful study for the Recueil des Cours, Charney surveyed the judicial practice of multiple international courts and tribunals in relation to several legal areas...