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It has to date not been examined in-depth what correlative rights and obligations the breach of an erga omnes obligation or an erga omnes right may entail. In his Separate Opinion in the Gabčíkovo-Nagymaros case, Judge Weeramantry devotes one section to the legal consequences of the involvement of erga omnes obligations in inter partes judicial procedures. This editorial analyses the relevant parts of Judge Weeramantry's Separate Opinion and explores the impact it may have on future litigation involving erga omnes issues.
Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.
The Dispute Settlement Understanding in the WTO Agreement represents a significant shift from a diplomatic model of dispute settlement to a rule-based model. The substitution of legal legitimacy for political legitimacy in the dispute settlement process makes the success or failure of the system largely dependent on the credibility of the jurisprudence produced by the panels and Appellate Body. One way which international tribunals have established credible jurisprudence, is by following their previous decisions unless there is good reason for deciding otherwise. This paper examines the precedential effect of previously adopted panel and Appellate Body reports, and policy reasons for and against a stronger form of precedent in WTO jurisprudence.
On 1 July 1997 the People's Republic of China recovered Hong Kong in accordance with the Sino-British Joint Declaration of 19 December 1984. On the same day, China announced the Hong Kong Special Administrative Region (HKSAR) formally established and functioning as of 1 July 1997.
The Dayton Accords of 1995 provided for arbitration over the boundary line in the Brčko area of Bosnia. Arbitration took place between the Muslim and Croat Federation and the Republica Srpska. Both party-appointed arbitrators refused to sign the Award. The Award does not draw a boundary line but establishes an international interim supervisory regime. The Tribunal decided on the basis of international law and equity. But it refused to apply the principle of non-recognition of territorial gains obtained in violation of international law. A further decision of the Tribunal is planned by 15 March 1998.
The dispute between the United States and the European Community on American extraterritorially operating trade legislation is far from resolved. The European Community has adopted a two-pronged approach to the matter; on the one hand WTO dispute settlement proceedings were initiated which, however, were subsequently suspended. On the other hand, the Community adopted quite unique anti-extraterritoriality legislation. This contribution reviews developments relating to the Community's double response in the last year, and provides some comments on possible developments in the future.
Redress (noun): Reparation without satisfaction. Among the Anglo-Saxons a subject conceiving himself wronged by the king was permitted, on proving his injury, to beat a brazen image of the royal offender with a switch that was afterward applied to his own naked back. The latter rite was performed by the public hangman, and it assured moderation in the plaintiff's choice of a switch.
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
On 8 July 1991, Qatar filed an application instituting proceedings against Bahrain in respect of certain disputes between the two states relating to sovereignty over the Hawar Islands, sovereign rights over the shoals of Dibal and Qit'at Jaradah, and the delimitation of the maritime areas of the two states.
This paper is concerned with the denunciation of declarations of acceptance of the compulsory jurisdiction of the International Court of Justice under the Optional Clause and the impact that the 1984 Judgment of the Court in the jurisdictional phase of the Nicaragua case may have had upon it. In this decision the Court found that the principle of good faith is of paramount importance in the legal regime of the Optional Clause and introduced in that regime the element of a ‘reasonable time’ for the denunciation of declarations of indefinite duration and silent as to termination. The relevant passage of the Judgment is discussed with a view to determine the contours of this requirement and the ways it may operate in practice.
Over the years the International Court of Justice has come to play a mediative role in the settlement of disputes. This article focuses on the negotiation process by the International Court of Justice during the settlement of inter-state disputes. Various cases that were brought before the International Court of Justice are discussed to elaborate on this growing trend.
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
On 6 November 1997, at the age of 91, Judge Haopei Li passed away. Elected in 1993, Judge Haopei Li was one of the first eleven judges of the International Criminal Tribunal for the former Yugoslavia (ICTY). He was a member of the Appeals Chamber.
The Statute of the International Criminal Tribunal for the former Yugoslavia lists certain offences that might constitute a war crime or a crime against humanity. It does not, however, define any of these offences, among which are torture, inhuman treatment and wilfully causing great suffering or serious bodily harm. Although their meaning is clear in plain language, their legal definition is not. This article attempts to find the customary international law definition of these crimes.
Whilst the crime of murder, and its equivalents, is clearly defined and subject to extensive jurisprudence in every jurisdiction, no attempt has been made to give this crime a definition at the international level. For the international criminal tribunals, such as the ICTY, to work effectively, and fairly, this and other major crimes must be clearly defined from the outset. This paper briefly compares the approach to murder as a class of homicide across major legal systems. It reveals that, for all their differences, each system makes many of the same distinctions between classes of homicide, and provides us with similar conceptual tools to help us find a workable and just definition for this most serious of crimes.