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Contents
- Preliminary Material
- Preface
- Quotes
- Reader’s Guide
- Summary Table of Contents
- Full Table of Contents
- Table of Cases (PCIJ)
- Table of Cases (ICJ)
- Table of Cases (other)
- Table of International Instruments
- Main Text
- Introduction (1989)
- I General Principles and Sources of Law
- Division A: General principles
- Ch.I: Good Faith and Related Principles
- 1 The Principle of Good Faith
- 2 Estoppel, Preclusion and Acquiescence
- 3 The Role of Equity in International Law
- 4 Application of Certain General Legal Maxims
- Ch.II: International Rights and Obligations
- 1 The Completeness of the Law and the Nature of Legal Rights: International Law as Constitutive or Regulatory of Such Rights
- 2 International Legal Obligations erga omnes and the actio popularis
- 3 Jus cogens and jus dispositivum
- 4 Universality and Uniformity of the Rules of International Law
- 5 The Limits of Reaction to Unlawful Conduct
- Ch.III: Relationships Between Legal Orders
- Ch.I: Good Faith and Related Principles
- Division B: Sources of law
- Introduction (1990)
- Ch.I: Miscellaneous Minor Sources or Pseudo-Sources
- 1 Considerations of Humanity
- 2 Legal Interests, Legitimate Interests, Economic Interests
- (1) The distinction between rights and interests: the Barcelona Traction case
- (2) Interests as the inspiration of a practice producing a customary right: the Fisheries Jurisdiction cases
- (3) Interests underlying the establishment of prescriptive or historic rights: the Tunisia/Libya case
- (4) Economic and other interests as ‘relevant circumstances’ for purposes of an equitable delimitation of maritime spaces
- (5) The special case of intervention under Article 62 of the Statute
- Ch.II: Treaties and Conventions in Force
- Ch.III: Custom
- 1 The Relationship of ‘General International Law’ and Customary Law
- 2 The Elements Constitutive of Custom
- 3 The Influence of Treaties on Custom
- 4 General, Special and Bilateral Customary Law
- 5 Customary Law and the ‘Persistent Objector’
- 6 Jus cogens and Customary International Law
- Ch.IV: General Principles of Law Recognized by Civilized Nations
- 1 Introduction
- 2 Nature and Derivation of General Principles of Law
- 3 The Process of Analogy or ‘Transfer’ of Municipal Principle: the South West Africa Cases
- 4 General Principles in the Hierarchy of Sources: the Right of Passage Case
- 5 Eclipse of General Principle by Conflicting Principle of International Law: the North Sea Continental Shelf Cases
- 6 The Significance of the Expression ‘Civilized Nations’: Philosophy of Judge Ammoun
- 7 Renvoi to Municipal Law Distinguished from Application of General Principles: the Barcelona Traction case
- 8 General Principles in Procedural Law: the Maltese Intervention in Continental Shelf (Tunisia/Libyan Arab Jamahiriya)
- Ch.V: Subsidiary Sources: Judicial Decisions
- Division A: General principles
- II Treaty Interpretation and Other Treaty Points
- Introduction (1991)
- Division A: Treaty interpretation
- Preliminary Material
- Ch.I: Introductory
- Ch.II: Fitzmaurice’s Principles in the Case Law of the Court
- Ch.III: Ancillary and Other Interpretative Findings
- Division B: Other treaty points
- Introduction (1992)
- Ch.I: Preliminary Matters
- Ch.II: Conditions of the Formation of Agreement
- Ch.III: The Treaty in Action
- Ch.IV: Conduct Inconsistent with a Treaty
- Ch.V: Termination of Treaties
- 1 Termination of Treaties Containing No Provision for Denunciation
- 2 Termination (or Suspension) of Treaties on Account of Material Breach
- 3 Termination on the Ground of Fundamental Change of Circumstances
- 4 Failure of Consideration as a Ground for Termination of Treaties?
- 5 Procedural Requirements on Termination of Treaties
- 6 Desuetude
- III Points of Substantive Law, 1960–1989
- Division A: The law of the sea
- Preliminary Material
- Introduction (1993)
- Ch.I: Claims to Maritime Spaces: General Survey
- 1 The Relationship of Territorial Sovereignty to Rights over Maritime Spaces: Bases of Title
- 2 The Relationship of Land Territory to Sea-bed Areas: The Avatars of ‘Natural Prolongation’
- 3 The Relationship between the Principles Governing Title to the Rules for Delimitation of Maritime Spaces
- 4 The Relationship of Maritime Delimitations inter se : Does an Objectively Correct Delimitation Exist for Each Case?
- Introduction (1994)
- Ch.II: Maritime Delimitation: Legal and Practical Aspects
- 1 The ‘Fundamental Norm’ Requiring Recourse to Equity
- 2 The Relationship between Coasts and Maritime Areas
- 3 The Single Maritime Boundary: Problems of Judicial Determination
- 4 Conclusion: Summary of Judicial Development of the Law of Maritime Delimitation
- Ch.III: Other Questions of the Law of the Sea
- Introduction (1995)
- Division B: State sovereignty, territory and frontiers
- Division C: State responsibility and international claims
- Preliminary Material
- Ch.I: The ‘Act of the State’ Under International Law
- Ch.II: The Breach of an International Obligation
- Ch.III: Circumstances Precluding Wrongfulness
- Ch.IV: The Rule of Exhaustion of Local Remedies
- Ch.V: Reparation and Restitution
- Introduction (1996)
- Division D: International organizations
- Ch.I: International Organizations in General
- 1 The Legal Personality of International Organizations
- 2 The Law Applicable to International Organizations
- Ch.II: The United Nations
- Ch.III: Summary (1996) of Decisions Relating to International Organizations
- I The United Nations
- (1) Self-defence and Article 51 of the Charter
- (2) Powers of decision of the Security Council
- (3) Powers of decision of the General Assembly
- (4) The ‘expenses’ and the ‘budget’ of the organization
- (5) Trusteeship: effects of termination
- (6) Voting in the Security Council: abstention
- (7) Regional arrangements under Chapter VIII of the Charter
- 2 Other Organizations
- I The United Nations
- Ch.I: International Organizations in General
- Division A: The law of the sea
- IV Questions of Jurisdiction and Competence
- Introduction (1998)
- Ch.I: Jurisdiction in Contentious Cases
- 1 Preliminary Observations: Terminology and Related Matters
- 2 Preliminary, Incidental and Substantive Jurisdiction
- 3 The Sources of Jurisdiction
- 4 Jurisdiction and the Propriety of Exercising It
- 5 Jurisdiction in Relation to the Decisions of Other Tribunals
- 6 Jurisdiction Inherited from the Permanent Court of International Justice
- 7 The Compétence de la Compétence
- 8 Relationship between Multiple Sources of Jurisdiction
- 9 The Extent of Jurisdiction
- 10 Jurisdiction under Article 36, Paragraph 2, of the Statute of the Court
- (1) The form of declarations under Article 36, paragraph 2; the Temple of Preah Vihear case and the case of Military and Paramilitary Activities in and against Nicaragua
- (2) The effective date of a declaration under Article 36, paragraph 2: the case of Right of Passage over Indian Territory
- (3) The question of ‘reciprocity’ and acceptance of ‘the same obligation’
- 11 Jurisdiction and Admissibility
- 12 Jurisdiction and Intervention
- Ch.II: Jurisdiction and Its Exercise in Advisory Proceedings
- 1 Introduction
- 2 The Conditions of Jurisdiction to Give an Advisory Opinion
- (1) Is the question submitted a ‘legal question’?
- (2) Requests made ultra vires
- (a) Interpretation of Peace Treaties with Bulgaria, Hungary and Romania
- (b) Legal consequences for States of the continued presence of South Africa in Namibia (South West Africa)
- (c) Application for Review of UNAT Judgment No. 158 (the Fasla case)
- (d) Application for Review of UNAT Judgment No. 273 (the Mortished case)
- (e) Legality of the Use by a State of Nuclear Weapons in Armed Conflict
- (f) Legality of the Threat or Use of Nuclear Weapons
- (3) Requests otherwise in conflict with the Statute
- 3 Conditions Pertinent to the Exercise of the Discretion to Give or Refuse an Opinion
- (1) Existing disputes and the consent of States concerned
- (a) Legal consequences for States of the continued presence of South Africa in Namibia (South West Africa) notwithstanding Security Council resolution 276 (1970)
- (b) Western Sahara
- (c) Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations (the Mazilu case) .
- (d) Applicability of the obligation to arbitrate under Section 21 of the United Nations Headquarters Agreement of 26 June 1947
- (2) Equality of parties to judicial proceedings
- (a) Judgments of the Administrative Tribunal of the ILO upon complaints made against Unesco
- (b) Application for Review of UNAT Judgment No. 158 (the Fasla case)
- (c) Application for Review of UNAT Judgment No. 273 (the Mortished case)
- (d) Application for Review of UNAT Judgment No. 333 (the Yakimetz case)
- (3) The political background
- (4) Questions involving complex issues of fact
- (5) Abstract or concrete questions
- (6) Advisory opinions given binding effect
- (1) Existing disputes and the consent of States concerned
- 4 Provisional Measures in Advisory Proceedings?
- Ch.III: Jurisdiction and Its Non-Exercise: ‘General Admissibility’ in Contentious and Advisory Proceedings
- V Questions of Procedure, 1954–1989
- Introduction
- Ch.I: The Composition of the Court for Particular Cases
- Ch.II: The Institution of Proceedings
- Ch.III: Incidental Proceedings
- Introduction
- 1 Provisional Measures
- 2 Preliminary objections
- 3 Non-appearance
- 4 Counterclaims
- Introductory note (2003)
- 5 Jurisdiction and Its Exercise in Incidental Proceedings
- 6 Intervention
- (1) Introduction
- (2) Intervention under Article 63 of the Statute
- (3) Intervention under Article 62 of the Statute
- (a) Introduction
- (b) What is intervention?
- (c) The relationship between Article 59 and Article 62 of the Statute
- (d) The ‘interest of a legal nature’ and the object of an intervention
- (i) Malta’s application to intervene (Continental Shelf (Tunisia/Libya))
- (ii) Italy’s application to intervene (Continental Shelf (Libya/Malta))
- (iii) Nicaragua’s application to intervene (Land, Island and Maritime Frontier Dispute)
- (iv) Equatorial Guinea’s application to intervene (Land and Maritime Boundary between Cameroon and Nigeria)
- (v) The Philippines’ application to intervene (Sovereignty over Pulau Ligitan and Pulau Sipadan)
- (e) How is the ‘interest of a legal nature’ to be ‘affected’?
- (f) Intervention at an interlocutory stage
- (g) The effect of intervention
- (h) The effect of a failed application to intervene
- (4) Some conclusions on intervention under Article 62
- (5) Information supplied by international organizations (Statute, Article 34)
- 7 Interpretation of Judgments
- 8 Revision of Judgments
- 9 Discontinuance
