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Oil's Well that Ends Well? Critical Comments on the Merits Judgement in the Oil Platforms Case

Published online by Cambridge University Press:  06 December 2004

Abstract

The recent judgement on the merits in the Oil Platforms case has brought a long-standing dispute before the International Court of Justice to a close. This article critically analyzes some of the most interesting topics raised in this judgement, not least the fact that it was harshly criticized by a very high number of judges in their individual opinions. The issues discussed – such as the role of self-defence law within the confines of an ‘FCN treaty’ or the notion of ‘freedom of commerce’ – merely point to higher-level problems of a theoretical nature which cause our confusion as to substantive law.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Copyright
© 2004 Foundation of the Leiden Journal of International Law

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