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The Maturing of the ICJ

Published online by Cambridge University Press:  28 February 2017

Frederic L. Kirgis Jr.
Frederic L. Kirgis Jr.*
Affiliation:
Washington and Lee University School of Law
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Abstract

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Type
The Year in International Law
Information
Proceedings of the ASIL Annual Meeting , Volume 88 , 1994 , pp. 464 - 469
Copyright
Copyright © American Society of International Law 1994 

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References

1 ICJ Communiqué No. 94/11, Mar. 21, 1994.

2 88 AJIL 105 (1994).

3 Charney, Jonathan I., “Progress in International Maritime Boundary Delimitation Law,” 88 AJIL 227 (1994)Google Scholar.

4 Aug. 10, 1993, 32 ILM 1471 (1993).

5 FIN. TIMES, Mar. 30, 1994, at 4.

6 Application of the Convention on the Prevention and Punishment of the Crime of Genocide, Provisional Measures, 1993 ICJ REP. 3, 32 ILM 999 (1993).

7 See Military and Paramilitary Activities in and against Nicaragua, 1984 ICJ Rep. 4, 23 ILM 468 (1984).

8 SC Res. 777 (1992); GA Res. 47/1 (1992).

9 See the Declaration of Judge Tarassov, 1993 ICJ Rep. 26, 32 ILM 902 (1993).

10 Application of the Convention of the Prevention and Punishment of the Crime of Genocide, Further Requests for Provisional Measures, 1993 ICJ Rep. 325, 32 ILM 1599 (1993).

11 Id. at 345; 32 ILM 1611 (1993).

12 Id. at 349; 32 ILM 1613 (1993).

13 For the text of the 1977 treaty, along with documents setting forth Hungary’s stated position in the dispute, and the compromise submitting the matter to the Court, see 32 ILM 1247-97 (1993).

14 WHO Resolution WHA46.40 (1993).

15 Constitution of the World Health Organization, July 22, 1946, art. 1, 14 UNTS 185, WHO Basic Documents 1 (39th ed., 1992). See also arts. 2(v) & 18(m).

16 Agreement between the United Nations and the World Health Organization, July 10, 1948, art. X(2), 19 UNTS 193, WHO Basic Documents 41, 44 (39th ed., 1992).

17 In 1983 and 1986, WHO ad hoc bodies reported to the World Health Assembly on the effects of nuclear war on health and health services. These reports were published in 1984 and 1987, respectively. See Report by the WHO Director-General, Health and Environmental Effects of Nuclear Weapons, WHO Doc. A46/30, at 2 (1993), prepared in connnection with the Health Assembly agenda item that led to the request for the advisory opinion. One could argue that these reports indicate that WHO is engaged in an ongoing activity dealing with the health effects of nuclear weapons. On the other hand, the then-Legal Counsel of WHO, Dr. Piel, took the position that "From a strictly legal point of view, . . . it was not within the normal mandate of WHO to refer the ‘illegality’ issue to the Court." WHO Doc. WHA46/1993/REC/3, at 265. He suggested that the Health Assembly ask the UN General Assembly to make the request to the ICJ. Id.

18 Western Sahara, 1975 ICJ Rep. 12, 25 (Advisory Opinion of Oct. 16).

19 Interpretation of Peace Treaties with Bulgaria, Hungary and Romania, 1950 ICJ Rep. 65, 71 (Advisory Opinion of Mar. 30).