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More About This Textbook
Overview
Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States.
Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata, provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision.
This book is the first in the series International Litigation in Practice. The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.
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Meet the Author
Shabtai Rosenne was awarded the Hague Prize for International Law (2004), and is an honorary member of the Institute of International Law.
Table of Contents
Foreword ix
Preface xi
Documentation xiii
Table of Cases xv
Sources Cited xix
Chapter 1 Introducing the Topic 1
Chapter 2 The Origins in Arbitration 7
2.1 The Institute of International Law (1875) 7
2.2 Arbitration: The Hague Conferences of 1899 and 1907 and later codification 9
2.3 Later developments (1908-2005) 17
Chapter 3 The Statutes 27
3.1 The League of Nations Covenant, Article 14: The Advisory Committee of Jurists (1920) 27
3.2 The Permanent Court of International Justice: The adoption of the Statute (1920) 31
3.3 The Establishment of the International Court of Justice (1945) 34
3.4 The United Nations Convention on the Law of the Sea (1982) 38
3.5 The Principle of Res Judicata 43
Chapter 4 The Rules 49
I The Permanent Court of International Justice 49
4.1 Rules of Court 49
4.2 The Rules of 1922 51
4.3 The Rules of 1926 54
4.4 The Rules of 1931 57
4.5 The Rules of 1936 57
4.6 Corrections: Article 75 of 1931 61
II The International Court of Justice 62
4.7 The Rules of 1946/1972 62
4.8 The Rules of 1978 64
4.9 Reference to the International Court 70
III The International Tribunal for the Law of the Sea 74
4.10 Preparing Rules for ITLOS 74
IV Arbitration Procedure 80
4.11 Arbitration 80
Appendix I to Chapter 4 83
Appendix II to Chapter 4 86
Appendix III to Chapter 4 89
Chapter 5 International Case Law I - Interpretation 91
I The Permanent Court of International Justice 91
5.1 The Interpretation of Judgment No. 3 (1925) 91
5.2 Chorzow Factory (Interpretation) case (1927) 93
II The International Court of Justice 97
5.3 The Asylum case (1950) 97
5.4 The Continental Shelf Delimitation betweenLibya and Tunisia (1982-1985) 100
5.5 Cameroon-Nigeria Preliminary Objections, Interpretation 108
III International Arbitral Awards 112
5.6 The Anglo-French Continental Shelf Arbitration (1978) 112
5.7 The Heathrow Charges Arbitration (United Kingdom/United States of America, 1992-1993) 120
5.8 The Laguna del Desierto Arbitration (Argentina/Chile, 1994-1995) 122
5.9 The Eritrea-Ethiopia Boundary Arbitration (2002) 125
5.10 The Iron Rhine (IJzeren Rijn) Railway Arbitration (Belgium/Netherlands, 2005) 127
Chapter 6 International Case Law II - Revision, Recourse 129
6.1 The Continental Shelf Delimitation between Libya and Tunisia (1982-1985) 129
6.2 The Laguna del Desierto Arbitration (Argentina/Chile, 1994-1995) 132
6.3 Revision in the Application of the Genocide Convention Case (2003) 133
6.4 The Frontier Dispute between El Salvador and Honduras (1992-2003) 140
6.5 Correction of a Judgment 144
6.6 Awards: Reference to the International Court of Justice 145
The Arbitral Award of the King of Spain case 147
The Arbitral Award of 31 July 1989 case 149
6.7 Appeals to the Permanent Court of International Justice 154
6.8 Special Reference to the International Court of Justice 156
6.9 Recourse from Administrative Tribunals to the International Court of Justice 158
Chapter 7 Some Essential Procedural Matters 167
7.1 The Seisin and Jurisdiction of the Court 167
7.2 Institution of Proceedings in Interpretation 169
7.3 Institution of Proceedings in Revision and Composite Proceedings 172
7.4 Seisin in Other Reference Proceedings 175
7.5 The Composition of the Bench 176
7.6 The Pleadings 183
7.7 The Dispositif of the Decision 184
7.8 Types of Judgments and Awards 186
Select Bibliography 195
Index 197