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The Changing Docket of the International Court of Justice and the Significance of the Change Going Forward

Published online by Cambridge University Press:  28 February 2017

Hisashi Owada
Hisashi Owada*
Affiliation:
International Court of Justice
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Abstract

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Type
International Law as Law at the International Court of Justice
Information
Proceedings of the ASIL Annual Meeting , Volume 103 , 2009 , pp. 399 - 403
Copyright
Copyright © American Society of International Law 2009

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References

1 Vienna Convention on Consular Relations (Paraguay v. U.S.), Provisional Order, 1998 ICJ Rep. 248 (Apr. 9); LaGrand (Germany v. U.S.), Judgment, 2001 ICJ Rep. 466 (June 27); Avena and Other Mexican Nationals (Mexico v. U.S.), Judgment, 2004 ICJ Rep.12 (Mar. 31).

2 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation).

3 Pulp Mills on the River Uruguay (Argentina v. Uruguay).

4 Arrest Warrant of 11 April 2000 (Congo v. Belgium) 2002 ICJ Rep. 3 (Feb. 14).

5 Id. at 22.

6 Certain Criminal Proceedings in France (Congo v. France), 2003 ICJ Rep. 102 (June 17). Avena and Other Mexican Nationals, supra note 1.

8 Id. at 73.

9 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment (Feb. 26, 2007).

10 Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) (New Application: 1962), 1970 ICJ Rep. 3 (Feb. 5), 32, ¶ 33. The Court stated that there was “an essential distinction” between two types of international obligations that a state assumed on the international level, i.e., “the obligations of a State towards the international community as a whole” on the one hand, and the obligations “arising vis-à-vis another State in the field of diplomatic protection” in relation to the treatment of foreign investments or foreign nationals on the other, and that “[b]y their very nature the former are the concern of all States” and that “[i]n view of the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga omnes.”

11 Armed Activities on the Territory of the Congo (New Application: 2002) (Congo v. Rwanda), Judgment, (Feb. 3, 2006), 31, ¶64.

12 Avena and Other Mexican Nationals, supra note 1.

13 Owada, Hisashi, Some Reflections on Justice in a Globalizing World, 97 ASIL Proc. 181 (2003)Google Scholar.