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View article: Provisional Measures and the End of Prima Facie Jurisdiction
Provisional Measures and the End of Prima Facie Jurisdiction Open
This article argues that, in provisional measures cases, the International Court of Justice (ICJ) now examines jurisdiction by assessing not only an applicant’s arguments for jurisdiction, but also a respondent’s arguments against it. This…
View article: The Limits of Deduction in the Identification of Customary International Law
The Limits of Deduction in the Identification of Customary International Law Open
Much scholarship on customary international law has examined the merits of induction, deduction, and assertion as approaches to custom identification. Save for where international tribunals identify custom by assertion, writers have viewed…
View article: Reframing the English Foreign Act of State Doctrine
Reframing the English Foreign Act of State Doctrine Open
This article proposes a way to reframe the English foreign act of State doctrine. The doctrine is an established rule of English common law but its contours and application remain ill‐defined, despite the Supreme Court's restatement in Bel…
View article: An Exploratory Empirical Outlook on the Authority of Annex VII Arbitral Tribunals
An Exploratory Empirical Outlook on the Authority of Annex VII Arbitral Tribunals Open
This article studies perceptions of the authority of arbitral tribunals constituted under Annex VII of the United Nations Convention on the Law of the Sea. Authority is understood as co-extensive with the notion of legitimacy. The focus he…
View article: Three Goals of States as They Seek Advisory Opinions from ITLOS
Three Goals of States as They Seek Advisory Opinions from ITLOS Open
In most international tribunals, states alone can submit requests for advisory opinions. 1 This is also true of requests to the International Tribunal for the Law of the Sea (ITLOS) sitting in plenary composition. The United Convention on …
View article: SECRET CUSTOM <i>or</i> THE IMPACT OF JUDICIAL DELIBERATIONS ON THE IDENTIFICATION OF CUSTOMARY INTERNATIONAL LAW
SECRET CUSTOM <i>or</i> THE IMPACT OF JUDICIAL DELIBERATIONS ON THE IDENTIFICATION OF CUSTOMARY INTERNATIONAL LAW Open
The literature on the identification of rules of customary international law is extensive. Commentators have focused on isolating the methodologies by which international courts and tribunals identify customary international law, with most…
View article: How to Complicate a Simple Case: The Judgment on the Merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)
How to Complicate a Simple Case: The Judgment on the Merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) Open
On 12 October 2021, the International Court of Justice ( ICJ or Court) issued its judgment on the merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) . The judgment raises questions of significance in respect of two issu…
View article: Judges ad hoc of the International Court of Justice
Judges ad hoc of the International Court of Justice Open
Judges ad hoc of the International Court of Justice have been widely criticized for their supposed lack of impartiality. This criticism may seem all the more powerful if one takes into account that judges ad hoc were created as a means to …
View article: Provisional Measures and the Link Requirement
Provisional Measures and the Link Requirement Open
In the context of requests for provisional measures, the link requirement has not attracted much scholarly attention and might be regarded as raising limited controversy. However, this article argues that the link is an unnecessary require…
View article: The Croatia/Slovenia arbitral award of 29 June 2017: is there a common method for delimiting all maritime zones under international law?
The Croatia/Slovenia arbitral award of 29 June 2017: is there a common method for delimiting all maritime zones under international law? Open
In its award of 29 June 2017, the arbitral tribunal which had been requested to settle the boundary dispute between Croatia and Slovenia stated that the method for delimiting maritime zones is identical whether the boundary runs within or …
View article: Provisional Measures before International Courts and Tribunals. By Cameron Miles . [Cambridge University Press, 2017. lxiii + 517 pp. Hardback £95.00. ISBN 978-1-107-12550-9.]
Provisional Measures before International Courts and Tribunals. By Cameron Miles . [Cambridge University Press, 2017. lxiii + 517 pp. Hardback £95.00. ISBN 978-1-107-12550-9.] Open
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View article: Consistency in the International Law of Maritime Delimitation - Towards a Set of Common Principles for the Judicial Establishment of Maritime Boundaries
Consistency in the International Law of Maritime Delimitation - Towards a Set of Common Principles for the Judicial Establishment of Maritime Boundaries Open
This thesis examines the process applied by international tribunals for delimiting Exclusive Economic Zone (EEZ) and continental shelf boundaries under international law. Maritime delimitation is governed by articles 74 and 83 of the 1982 …
View article: Delimiting the Continental Shelf Beyond 200 Nautical Miles at the International Court of Justice: The Nicaragua v. Colombia Cases
Delimiting the Continental Shelf Beyond 200 Nautical Miles at the International Court of Justice: The Nicaragua v. Colombia Cases Open
In both $\textit{Nicaragua v. Colombia}$ cases, the International Court of Justice upheld that international tribunals may delimit the continental shelf beyond 200 nautical miles prior to the establishment of the continental shelf’s outer …