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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…

paragraph 150 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts previous paragraph Of what does this consensual basis consist? Aside from the broad and conceptual differentiation between the conditions ratione personae and ratione materiae - including for this purpose limitations, conditions or reservations ratione temporis as a factor determining the scope of the jurisdiction (see § II.156 below) - necessary for the exercise of jurisdiction, the principle of the consensual basis of jurisdiction means that it is not s…

paragraph 43 in volume 1, chapter 4, The Post-Adjudication Phase previous paragraph There is a fundamental difference between compliance with incidental and interlocutory decisions and compliance with final decisions. With one exception, the failure of a State to comply with an incidental or interlocutory decision can lead to the automatic imposition by the Court of a sanction against that State, and will only bring it disadvantage. Ostensibly the character of the disadvantages will be procedural, since the…

paragraph 235 in volume 2, chapter 14, The Title of Jurisdiction previous paragraph The law governing the practice and procedure of the Court imposes no requirements of language for a title of jurisdiction. However, if it is concluded in a language other than one of the two official languages of the Court, the parties should supply a translation - agreed if possible - into one of those languages. In the Permanent Court titles of jurisdiction were usually drawn up in either English or French, the two official…

paragraph 255 in volume 3, chapter 16, Elements of International Procedural Law previous paragraph The sources of conventional law governing the organization and internal administration of the Court are the integrated Charter and Statute - themselves a treaty - and in the Rules of Court made by virtue of the specific provision of Article 30 of the Statute. The validity and normative force of the Charter and Statute derive from their being the constituent instrument of an international organization, and the Co…

paragraph 99 in volume 1, chapter 7, The Registrar and the Registry previous paragraph In application of Article 21, paragraph 2, of the Statute, the Court has assumed the power to appoint a Deputy-Registrar.1 Article 23 of the Rules provides that the Court shall elect a Deputy-Registrar. The provisions of Article 22 apply to the election and term of office of the Deputy-Registrar. By Article 24, paragraph 2, the Deputy-Registrar makes a similar declaration to that of the Registrar at a meeting of the Court before taking up the…

paragraph 259 in volume 3, chapter 17, The Bench previous paragraph Articles 1 to 8 of the Rules of Court constitute the first half of the major restructuring of the Rules completed in 1978. That consists in treating separately the Court as a standing institution, the fifteen members elected in accordance with Articles 2 to 15 of the Statute as described in chapter 6, and the Court as constituted for a particular case or phase of a case, the Bench. The expression The Court, used loosely, has two meanings. One is the collectivity of those fifteen elected members. The second is …

paragraph 362 in volume 3, chapter 26, Intervention by Third States previous paragraph Both Article 62 and Article 63 of the Statute confer the right to intervene in a case in accordance with their terms on any ‘State’. By Article 62 this is unconditional. By Article 63 this is subject to the condition that the State intending to intervene is party to the convention the construction of which is in question in the case. On the face of things, therefore, it is not necessary that the State seeking to intervene under either of these provisions should be party to the Statute. Article 35, paragraph 2…

paragraph 78 in volume 1, chapter 6, The Members of the Court previous paragraph The Informal Inter-Allied Committee expressed itself as unfavourable to the retention of the system by which the whole Court went out of office simultaneously every nine years. In the Committee’s view, that was liable to lead to a complete break in the continuity and traditions of the Court unless a considerable number of the retiring judges were to be re-elected. It therefore recommended that while retaining the nine-year term o…

paragraph 193 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause) previous paragraph As the opening words of Article 36, paragraph 2, show, the facility offered by the system of the compulsory jurisdiction is available to the States parties to the present Statute in relation to any other State accepting the same obligation.1 However, the contractual relations established through the system of the compulsory jurisdiction under Article 36, paragraph 2, exist only between the members of the United Nations and the other States that …

paragraph 263 in volume 3, chapter 17, The Bench previous paragraph With regard to the special chambers under Article 26, paragraph 1, of the Statute, Article 16 of the Rules reads: 1. When the Court decides to form one or more of the Chambers provided for in Article 26, paragraph 1, of the Statute, it shall determine the particular category of cases for which each Chamber is formed, the number of its members, the period for which they will serve, and the date at which they will enter upon their duties. 1. Lorsque la Cour décide de constituer une ou plusieurs chambres prévues à l’ arti…

paragraph 152 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts previous paragraph The Court will not have jurisdiction over a duly constituted bilateral contentious case introduced by unilateral application if it appears that the principal issue to be decided, whatever the title of jurisdiction, requires the Court to pass on the legal position of a third State which is not a party to the proceedings. Several cases have raised this issue in different forms. The bilateralism of proceedin…

paragraph 58 in volume 1, chapter 4, The Post-Adjudication Phase previous paragraph The work of the present Court is clouded by this novel and unwelcome phe nomenon of the non-compliance with several of its decisions. Analysis shows that this phenomenon is composed of very complicated and inter mingled legal and political elements.1 In this connection, the view is sometimes heard that the absence of an international force charged with the general duty of maintaining international law and order and particularly with executing the Court’s decision…

paragraph 324 in volume 3, chapter 21, The Oral Proceedings previous paragraph A series of provisions enables the Court itself to obtain information it requires and which has not been produced by the parties. Article 44 of the Statute provides: 1. For the service of all notices upon persons other than the agents, counsel, and advocates, the Court shall apply direct to the government of the State upon whose territory the notice has to be served. 2. The same provision shall apply whenever steps are to be taken to procure evidence on the spot. 1 By Article 49, The Court may, even before the hea…

paragraph 404 in volume 3, chapter 30, Advisory Proceedings previous paragraph The procedural code for advisory proceedings is set out in Article 65, paragraph 2 and Article 66 of the Statute, supplemented by Part IV, Articles 102 to 109, of the Rules of Court. These are a mixture of substantive and procedural rules, together with administrative functions imposed on the Registry.1 Article 96 of the UN Charter 1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question. 2. Other organs of the United Nat…

paragraph 234 in volume 2, chapter 14, The Title of Jurisdiction previous paragraph In the broad sense, the title on which the jurisdiction of the Court rests is based on a combination of the constituent instruments governing the Court’s constitution and working - the Charter, the Statute and the Rules of Court - and with them the particular instrument or instruments embodying the agreement of the parties to submit the case to the Court. Those instruments are here designated the title of jurisdiction. That expression thus partly meets the requirement of Article 38, paragraph …

paragraph 202 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause) previous paragraph Since 1946, the exception of domestic jurisdiction has appeared in a new form, introduced by the United States in its acceptance of the compulsory declaration in 1946. That declaration, incorporating what is known as the Connally Amendment (named after the Senator who proposed it), excludes ‘disputes with regard to matters which are essentially within the domestic jurisdiction of the United States of America as determined by the United States of America’ (italics added).1 This …

paragraph 291 in volume 3, chapter 19, The Institution of Contentious Proceedings previous paragraph It is not sufficient that a valid title of jurisdiction is invoked unilaterally. There has to exist at least a prima facie link between the subject of the dispute as set out in the instrument instituting the proceedings and the title of jurisdiction that is invoked. This is implicit in Articles 36 and 40 of the Statute read together. Article 38 of the Rules makes this specific when the case is instituted by an…

paragraph 305 in volume 3, chapter 20, The Written Proceedings and Related Matters previous paragraph There is no mention of counter-claims in the Statute, and the law on this subject is entirely judge-made law. The topic is now embodied in Article 80 of the Rules of Court revised in 1978 and further amended in 2000 with effect from 1 February 2001. In its current form, Article 80 reads: 1. The Court may entertain a counter-claim [ demande reconventionnelle] only if it comes within the jurisdiction of the Court and is directly connected with the subjectmatter of the claim of the other party. 2. A…

paragraph 76 in volume 1, chapter 6, The Members of the Court previous paragraph Article 3 of the Statute provides that the Court shall consist of fifteen members, no two of whom may be nationals of the same State.1 The composition of the membership in the Court corresponds to the nature of the Court’s function as part of the general diplomatic machinery at the disposal of States. On the one hand, the system of nomination and election of the members of the Court is designed to reflect political considerations, a general objective whi…