Search

Your search for 'dc_creator:( Malcolm AND N. AND Shaw ) OR dc_contributor:( Malcolm AND N. AND Shaw )' returned 461 results. Modify search

Sort Results by Relevance | Newest titles first | Oldest titles first

La dette extérieure | The external debt

(480 words)

Contributor(s): Shaw, Malcolm N. | Carreau, Dominique
Editor(s): Dominique Carreau and Malcolm N. Shaw Centre for Studies and Research in International Law and International Relations Publication Editor: Académie de droit international de La Haye Brill | Nijhoff, Leiden | Boston, 1995. This book contains the following chapters: Rapport du directeur d’études de la section de langue française du Centre pp. 3-24 Dominique Carreau Report of the Director of Studies of the English-speaking Section of the Centre pp. 25-52 Florentino P. Feliciano La renégociation des dettes: les exemples allemand (1953) et indonésien (1970) pp. 57-77 Photini…

Urgency

(1,018 words)

Author(s): Malcolm N. Shaw
paragraph 344 in volume 3, chapter 24, Provisional Measures of Protection previous paragraph Urgency is a component of both procedure and substance in the context of the indication of provisional measures. The concept that in the circumstances urgent action is necessary to preserve the rights being claimed is implicit in Article 41 of the Statute. As a matter of procedure the first mention of ‘urgency’ in connection with provisional measures was in Article 57, paragraph 1, of the Rules of the Permanent Court…

The Review of 2004

(330 words)

Author(s): Malcolm N. Shaw
paragraph 133C in volume 1, chapter 8, Finance and Administration previous paragraph In 2004 the Court expressed concern at two aspects of former judges or surviving spouse. The Registrar pointed out that any increase in emoluments of members of the Court should automatically lead to an increase by the same percentage in all pensions. The second aspect was the protection of pensions against currency fluctuations. The resolution of 2003 dealt with the first question. With regard to the protection of the pens…

The Revision of 1950

(1,148 words)

Author(s): Malcolm N. Shaw
paragraph 112 in volume 1, chapter 8, Finance and Administration previous paragraph However, this arrangement was not satisfactory, particularly after the devaluation of the Netherlands florin in 1949. That led the Court to point out to the Secretary-General that the emoluments of the judges and of the Registrar were fixed in Netherlands florins, while the budget credits had always been expressed in terms of dollars, their amounts being computed at the rate of exchange current at the date of the relevant re…

Non-Members Of The United Nations As Parties To The Statute

(1,542 words)

Author(s): Malcolm N. Shaw
paragraph 165 in volume 2, chapter 10, Qualification to be a Party in a Case: Jurisdiction Ratione Personae previous paragraph Given the universality of the United Nations today, the question of participation in the Statute of States not members of the United Nations has lost the importance it once might have had. However, analytical questions have arisen and they may recur. At Dumbarton Oaks it was accepted that although the Court was to be a principal organ of the United Nations, a State which is not a member of the Organization could become a party to …

The Order of the Written Pleadings

(880 words)

Author(s): Malcolm N. Shaw
paragraph 312 in volume 3, chapter 20, The Written Proceedings and Related Matters previous paragraph There are two systems for the order of filing the written pleadings in the International Court. Subject to the control of the Court, the parties may file their pleadings either simultaneously within the same time limit or consecutively. Under the Rules of Court, which system is used depends in the first place on the way in which the proceedings were instituted and in the second place on any agreement between the parties. Articles 45 and 46 of the Rules of Court govern the matter: Article 45 1. T…

Costs

(1,111 words)

Author(s): Malcolm N. Shaw
paragraph 316 in volume 3, chapter 20, The Written Proceedings and Related Matters previous paragraph Article 64 of the Statute, relating to costs, provides that unless otherwise decided by the Court, each party shall bear its own costs.1 Article 95 of the Rules requires a judgment to contain a decision, if any, in regard to costs. Article 97 of the Rules of Court amplifies that provision: ‘If the Court, under Article 64 of the Statute, decides that all or part of a party’s costs shall be paid by the other party, it may make an order for the purpose of giving effect to that decision.’2 This makes …

Amending the Statute

(1,643 words)

Author(s): Malcolm N. Shaw
paragraph 20 in volume 1, chapter 2, The Establishment and Constitution of the Court previous paragraph There was no provision regarding amendment in the Statute of the Permanent Court. That caused difficulties when it was desired to amend it.1 In order to avoid this ‘regrettable lacuna’ with regard to the new Court, the Washington Committee of Jurists accepted a United States proposal to add a new Article 69 to the Statute, and adapted it to Chapter XI of the Dumbarton Oaks Proposals regarding amendment of the Charter.2 The text was further revised at the San Francisco Conferenc…

Travaux Préparatoires

(1,814 words)

Author(s): Malcolm N. Shaw
paragraph 18 in volume 1, chapter 2, The Establishment and Constitution of the Court previous paragraph Article 32 of the Vienna Convention on the Law of Treaties provides that recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from Article 31 (the general rule of interpretation) or to determine the meaning when the interpretation according to Article 31 leaves the meaning a…

Termination of the Proceedings by the Applicant

(2,422 words)

Author(s): Malcolm N. Shaw
paragraph 351 in volume 3, chapter 25, Termination of Proceedings previous paragraph In proceedings introduced by application, including incidental proceedings introduced by application, the applicant may at any time inform the Court in writing that it is not going on with the proceedings. That brings Article 89 of the Rules into play. Concerning the circumstances in which the respondent will be regarded as having taken a step in the proceedings, so that the discontinuance will come within the scope of paragraph 2, in the French Nationals in Egypt case, the appointment of an agent…

The Experience of the League of Nations

(3,143 words)

Author(s): Malcolm N. Shaw
paragraph 59 in volume 1, chapter 5, Advisory Opinions previous paragraph Article 14 of the Covenant of the League of Nations, which called for the establishment of the Permanent Court of International Justice, also provided that ‘The Court may … give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly’.1 Underlying that provision was the notion that the States represented for the time being in the League Council or Assembly would be entitled collectively, and acting as members of the organ in question, indire…

Rules of Court 1922 to 1972

(1,202 words)

Author(s): Malcolm N. Shaw
paragraph 359 in volume 3, chapter 26, Intervention by Third States previous paragraph The Rules of Court adopted before 1978 are mainly of historical interest today, and illustrate the evolution of the Court’s thinking on the matter. The Permanent Court encountered the problem of intervention only once, in the Wimbledon case (its first contentious case). Similarly, before 1972 the present Court encountered it only once, in the Haya de la Torre case. Provisions regarding intervention were included in the Rules of 1922 (Articles 58, 59 and 62), 1926 (Articles 58 to 6…

Revision of an Advisory Opinion

(539 words)

Author(s): Malcolm N. Shaw
paragraph 251 in volume 2, chapter 15, Advisory Jurisdiction previous paragraph There is nothing in the Statute corresponding to Article 61 (relating to the revision of a judgment, see chapter 28, § III.397) for advisory opinions. The question of the Court’s power to revise an earlier opinion has not arisen in advisory proceedings. However, it has been raised in argument in subsequent contentious proceedings, and the Court has passed upon it in general terms. The argument has been based on the conditions i…

The Authenticity of Documents

(413 words)

Author(s): Malcolm N. Shaw
paragraph 307A in volume 3, chapter 20, The Written Proceedings and Related Matters previous paragraph It is rare for a party to challenge the authenticity of a document or the accuracy of a translation of a document produced by the other party. An instance of a challenge to the authenticity of a document duly filed occurred in the Arbitral Award of the King of Spain case. After counsel had drawn attention to the discrepancy, the document and all contentions based on it were withdrawn.1 In the Continental Shelf (Libya/Malta) case, cross-examination of an expert witness established…

The Agent’s Address for Service

(510 words)

Author(s): Malcolm N. Shaw
paragraph 280 in volume 3, chapter 18, The Representation of the Parties previous paragraph Article 40, paragraph 1, of the Rules requires that the agent has an address for service at the seat of the Court. All communications concerning the case are to be sent to this address, and communications addressed to the agent are considered as having been addressed to the parties themselves. The Registry has explained the functions of the address for service at the seat of the Court as being twofold: ( a) to facilitate contact between the Court and the parties; ( b) more particularly to enable doc…

The Closure of the Hearing

(200 words)

Author(s): Malcolm N. Shaw
paragraph 329 in volume 3, chapter 21, The Oral Proceedings previous paragraph By Article 54 of the Statute, when, subject to the control of the Court, the agents, counsel and advocates have completed their presentation of the case, the President shall declare the hearing closed. The closure of the hearing, announced in open court, is without prejudice to the right of the Court proprio motu to reopen it if it thinks it necessary. On the other hand, the parties have no further right of access to the Court, whether to submit additional written material or new argument, save to…

‘Accepting the Same Obligation’

(529 words)

Author(s): Malcolm N. Shaw
paragraph 194 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause) previous paragraph The Right of Passage (Preliminary Objections) case gave the Court the opportunity to interpret this phrase, which itself relates to the initial expression ‘recognize as compulsory … the jurisdiction’. The Court said: It is not necessary that the “same obligation” should be irrevocably defined at the time of the deposit of the Declaration of Acceptance for the entire period of its duration. That expression means no more than that, as betwe…

The Consensual Basis of Jurisdiction

(3,850 words)

Author(s): Malcolm N. Shaw
paragraph 154 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts previous paragraph It is an uncontro-versial principle of general international law that no State is obliged to submit any dispute with another State or to give an account of itself to any international tribunal. The agreement of the parties to the dispute is the prerequisite to adjudication on the merits. The consent of the parties that an international court shall decide the case is sufficient to confer subject matter jur…

The Character of the Post-Adjudication Phase

(2,281 words)

Author(s): Malcolm N. Shaw
paragraph 39 in volume 1, chapter 4, The Post-Adjudication Phase previous paragraph Once the Court’s final decision is made, the parties are faced with the problem of its implementation, which alone brings the dispute to its end. If the final decision requires action from either of the parties, usually some negotiation will be needed to regulate that action. In that process, the judgment debtor makes the first decision as to the method of compliance with the decision, and the judgment creditor has the right…

The Political Function of Judicial Settlement

(3,232 words)

Author(s): Malcolm N. Shaw
paragraph 33 in volume 1, chapter 3, The Political and the Institutional Role of the Court previous paragraph The decision of 1945 to establish the Court as a principal organ of the United Nations under a Statute to which all members of the United Nations would ipso facto be parties, and not to perpetuate the looser relationship which had subsisted between the Permanent Court and the League of Nations, was the most important innovation made by the founders of the United Nations in regard to the Court. That decision represented much more than mere administrative a…
▲   Back to top   ▲