Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

29 results

Page 1 of 2

  • The use of force against neutral ships outside territorial waters

  • Sondre Torp Helmersen
  • Journal:
    Leiden Journal of International Law / Volume 35 / Issue 2 / June 2022
    Published online by Cambridge University Press:
    07 February 2022, pp. 315-335
    Print publication:
    June 2022
    • Article
      • You have access
      • Open access
    • PDF
    • HTML
    • Export citation

  • This article examines when states are allowed to use force against neutral merchant ships outside territorial waters. This is regulated by both international humanitarian law and the prohibition of the use of force, which apply concurrently to naval warfare. The prohibition of the use of force imposes narrower limits than international humanitarian law, in the sense that certain actions that have traditionally been permitted under international humanitarian law are contrary to the prohibition of the use of force. The prohibition of the use of force exempts uses of force based on UN Security Council resolutions, consent and self-defence. Where there is no UN Security Council resolution or consent, self-defence remains the only option, and self-defence does not give a right to direct the use of force towards third states or their ships. Therefore, the right to self-defence does not permit blockades outside territorial waters or visit and search operations that are not founded on specific suspicions against individual ships, even though such operations may be permitted under international humanitarian law. These conclusions are supported by an examination of state practice and opinio juris, where the few relevant instances that do exist have met with widespread protests from other states.

  • 4 - Variations between Works

  • Sondre Torp Helmersen, Universitetet i Tromsø, Norway
  • Book:
    The Application of Teachings by the International Court of Justice
    Published online:
    04 March 2021
    Print publication:
    04 March 2021, pp 93-130

  • Summary

    This chapter argues that the weight of teachings in the ICJ varies between works. Some works are cited far more than others. The most-cited writers tend to men from Western countries. The judges frequently justify citations of teachings, by arguing that the teachings of high quality, that the writer is an expert, that the writer holds an official position, or that multiple writers agree. It is plausible to view this as factors that influence the weight of teachings. Explanations for why the judges distinguish between works is that they want to make their opinions authoritative, that they want to save time, and that they want to comply with the ICJ Statute Article 38(1). Finally it is argued that the variations between the weight of teachings shows that authority in international law is established through an informal, collective process.

  • 5 - Variations between Judges

  • Sondre Torp Helmersen, Universitetet i Tromsø, Norway
  • Book:
    The Application of Teachings by the International Court of Justice
    Published online:
    04 March 2021
    Print publication:
    04 March 2021, pp 131-156

  • Summary

    This chapter shows that different ICJ judges seem to assign different weight to teachings. The judges vary greatly in how often they cite teachings (if they cite them at all), and in how they use teachings when citing them. The chapter places the judges in three categories: those who frequently cite teachings and assign them considerable weight, those who occasionally cite teachings and assign them less weight, and those who never cite teachings. The chapter also suggests factors that can explain the variations, with the best one being the judges’ personal philosophies and styles. Judges who are former academics cite more teachings than others, and non-Western judges cite more teachings than their Western counterparts. These correlations may also contribute to explaining the variations between the judges.

  • 2 - The ICJ Statute Article 38(1)

  • Sondre Torp Helmersen, Universitetet i Tromsø, Norway
  • Book:
    The Application of Teachings by the International Court of Justice
    Published online:
    04 March 2021
    Print publication:
    04 March 2021, pp 18-42

  • Summary

    This chapter analyses the ICJ Statute Article 38(1), interpreting each its component terms, with a particular emphasis on ‘teachings’. One overall conclusion is that the wording of Article 38(1) gives at best limited on guidance on the application of teachings, which supports the utility of the examination made in the rest of the book. When interpreting ‘teachings’ specifically, it is particularly difficult to classify works produced by the International Law Commission. They are not seen as ‘teachings’ in the book.

Page 1 of 2