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Case Laws under International Law

For excellent summaries of cases by subject heard before the CPIJ and icJ up to 1974, see: Databases and series of legal relationships with the judgments of several international tribunals The ICJ is the most important judicial organ of the United Nations. It was founded and began in 1946 with the submission of judgments, orders and expert opinions. The ICJ has a twofold task: to settle disputes submitted to it by States (contentious cases) in accordance with international law and to issue opinions (advisory procedures) on legal matters referred to it by duly authorized organs and bodies of the United Nations system. Disputes between States concerning international law may be heard before the International Court of Justice (if the dispute is between States that have declared that the ICJ has compulsory jurisdiction), the Appellate Body of the World Trade Organization (WTO) and the International Tribunal for the Law of the Sea (ITLOS). Intergovernmental disputes are based on the remedial principle of State responsibility or on the international law of tortious responsibility. These tribunals are permanent institutions established by multilateral treaties and generally settle only disputes between States: individuals and other non-State actors generally cannot be parties to a dispute (although there have been some notable exceptions). The decisions of these courts are final and binding on the parties. Source: In a contentious case, when a dispute is brought before the Court by a unilateral application by one State against another State, the names of the parties in the official title of the case are separated by the abbreviation v. for Latin versus (e.g. Cameroon v.

Nigeria). When a dispute is brought before the Court of Justice on the basis of a special agreement between two States, the names of the parties are separated by an oblique line (e.g. Indonesia/Malaysia). As there is no series of “official” or “authorized” international reports, any of the above versions can be used for citation purposes. The list of cases of the International Court of Justice includes contentious cases and opinions addressed to the International Court of Justice since its establishment in 1946. As an important element of international law, 181 cases have been added to the General List for consideration before the courts. [1] There are many international courts, tribunals and arbitral tribunals created by treaty. Many are specialized, while some, such as the International Court of Justice, have general jurisdiction. International decision-making bodies can generally be divided into seven categories: the CPIJ was the predecessor of the International Court of Justice. It held its first meeting in 1922 and was dissolved in 1946. The work of the CPIJ, the first permanent international tribunal of general jurisdiction, has clarified a number of aspects of international law and contributed to its development.

Between 1922 and 1940, the CPIJ dealt with 29 inter-State contentious cases and issued 27 expert opinions. International cases can be found on the United Nations documents website, the websites of the various tribunals and in several sets of legal reports. Cases may be named differently in each source. For example, you can see the SS Lotus case, which is cited as follows: Between May 22, 1947 and September 23, 2021, 181 cases were added to the general list. The list shall be organised by and shall contain only those disputes to which a general list number has been assigned by the Registrar of the Court of First Instance. In the early days of the Court, any formally correct request was accepted by the Registrar and included in the General List. [5] If there was no jurisdiction (due to the defendant`s lack of consent), the case was quickly dismissed by the court. In 1978, however, the Court amended its Rules of Procedure and asked the Registrar to include a case in the general list only if the referred party agreed,[6] which seemed to reduce the problem of unfounded claims. [7] Sometimes, however, consent and therefore jurisdiction are challenged by the defendant. Such a case may be placed on the general list because of the defendant`s protests, so that the court can decide whether there is consent.

[8] In such a case, however, the mere inclusion of a dispute in the General Schedule has no legal significance. [9] The first case on the general list of the Court of Justice (Corfu Channel [United Kingdom v. Albania]) was filed on 22 May 1947. Notes up – Retrospective Review of International Law Decisions This page of the International Law Research Guide focuses on the ICJ and its predecessor, the Permanent International Court of Justice. The jurisdiction of the ICJ is limited. Only States have the right to make a binding claim against another State, and only with the consent of the responding State. However, some organs and organizations of the United Nations, such as the United Nations General Assembly, have the power to submit questions for the submission of opinions. [2] [3] Although these opinions are not binding under international law, they provide the ICJ`s interpretation of what international law is. [4] International Court of Justice – Latest Decisions and News RSS-Feed from the Court India, Gramophone Company Of India Ltd vs Birendra Bahadur Pandey & Ors (1984) [available online free of charge] The Permanent Court of International Justice (PCIJ) Australia, Nulyarimma v Thompson (1999) [available online free] Note: Unreported decisions appear to be much faster than the reported version. the version communicated is currently published approximately two years after the date of the decisions.