Court : International Court of Justice ICJ
..... on 15 august 2008, the president, referring to article 74, paragraph 4, of the rules of court, addressed a communication to the two parties, urgently calling upon them to act in such a way as will enable any order the court may take on the request for provisional measures to have its appropriate effects?. 5. ..... against persons, groups of persons or institutions and failing to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation contrary to article 2 (l) (a) of cerd;(b) sponsoring, defending and supporting racial discrimination contrary to article 2 (l) (b) of cerd;(c) failing to prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination contrary to article 2 (l) (d) of cerd;(d) failing to condemn racial segregation and failing to eradicate all practices ..... that the russian federation is responsible for the violation of the courts order on provisional measures of 15 october 2008 by the following actions: (i) acts of discrimination, including by violence, against georgians in south ossetia and abkhazia; (ii) the frustration of the right of return of georgians to their homes in south ossetia and abkhazia; (iii) the destruction of georgian culture and identity in south ossetia .....
Tag this Judgment!Court : International Court of Justice ICJ
..... one, finds that the eastern republic of uruguay has breached its procedural obligations under articles 7 to 12 of the 1975 statute of the river uruguay and that the declaration by the court of this breach constitutes appropriate satisfaction; in favour: vice-president tomka, acting president; judges koroma, al-khasawneh, simma, abraham, keith, sep lveda-amor, bennouna, skotnikov, can ado trindade, yusuf, greenwood; judge ad hoc vinuesa; against: judge ad hoc torres bern rdez; (2) by ..... by an order of 14 september 2007, the court, taking account of the agreement of the parties and of the circumstances of the case, authorized the submission of a reply by argentina and a rejoinder by uruguay, and fixed 29 january 2008 and 29 july 2008 as the respective time-limits for the filing of those pleadings. ..... . although testing for nonylphenols had been carried out since november 2008, argentina has not however, in the view of the court, adduced clear evidence which establishes a link between the nonylphenols found in the waters of the river and the orion (botnia) mill ..... . first, the figures on which argentina bases itself do not correspond to the ones for dissolved oxygen that appear in the ecometrix third monitoring report, where the samples taken between february and october 2008 were all above the caru minimum standard for dissolved oxygen .....
Tag this Judgment!Court : International Court of Justice ICJ
..... , bennouna, skotnikov, yusuf, greenwood, xue, donoghue; judge ad hoc gaja;against: judge can ado trindade; (4) by fourteen votes to one, finds that the italian republic must, by enacting appropriate legislation, or by resorting to other methods of its choosing, ensure that the decisions of its courts and those of other judicial authorities infringing the immunity which the federal republic of germany enjoys ..... other hand prevent it from using the arguments on which it based that counter-claim in its defence against germanys claims; that the question of the lack of appropriate reparation is, in its view, crucial for resolving the dispute over immunity; and that the courts jurisdiction to take cognizance of it incidentally is thus indisputable. 48. ..... the fact that, with the exception of the italian cases and the distomo case in greece, no national court has ever held that a state was not entitled to immunity in respect of acts of its armed forces, in the context of an armed conflict and that, by contrast, the courts in several states have expressly declined jurisdiction in such cases on the ground that the ..... under an obligation to achieve this result by enacting appropriate legislation or by resorting to other methods ..... before argentine tribunals) 1995, article 2 (e); israel foreign state immunity law 2008, section 5; and japan, act on the civil jurisdiction of japan with respect to a foreign state, 2009 ..... exclude it, and awaits the courts ruling before taking the appropriate action thereon. .....
Tag this Judgment!Court : International Court of Justice ICJ
..... que les aides situ es dans les eaux de singapour sont celles qui se trouvent dans les eaux territoriales ou int rieures de l le principale de singapour, par opposition aux stations plus loign es , terme appropri pour d signer les installations qui sont 33 et 43 milles de singapour, alors que les phares de raffles et sultan shoal nen sont distants que de 11 et ..... to the fact that in 1913 the chief secretary of the government of the federated malay states proposed an appropriation to meet a share of the costs of the cape rachado light and the one fathom ..... clause 300. for these reasons, the court, (1) by twelve votes to four, finds that sovereignty over pedra branca/pulau batu puteh belongs to the republic of singapore; in favour: vice-president, acting president, al-khasawneh; judges ranjeva, shi, koroma, buergenthal, owada, tomka, keith, sep lveda-amor, bennouna, skotnikov; judge ad hoc sreenivasa rao; against: judges parra-aranguren, simma, ..... rement, tant middle rocks que south ledge forment, dun point de vue g ographique et morphologique, un seul et m me groupe de formations maritimes; et b) deuxi mement, la malaisie nest pas en mesure de d montrer quelle sest appropri ces formations maritimes par quelque acte de souverainet que ..... : (a) first, both middle rocks and south ledge form geographically and morphologically a single group of maritime features ; and (b) second, malaysia is unable to show that it has appropriated these maritime features through any acts .....
Tag this Judgment!Court : International Court of Justice ICJ
..... ; judge ad hoc mampuya; against: judges al-khasawneh, bennouna, can ado trindade, yusuf; judge ad hoc mahiou; (7) unanimously, finds that the democratic republic of the congo is under obligation to make appropriate reparation, in the form of compensation, to the republic of guinea for the injurious consequences of the violations of international obligations referred to in subparagraphs (2) and (3) above; (8) unanimously, decides that, failing ..... shareholder will not mean that both are entitled to claim compensation: whenever a shareholders interests are harmed by an act done to the company, it is to the latter that he must look to institute appropriate action; for although two separate entities may have suffered from the same wrong, it is only one entity whose ..... companies -both by the drc itself and by other contractual partners; in not paying its own debts to him and to his companies, the democratic republic of the congo has committed internationally wrongful acts which engage its responsibility to the republic of guinea; (2) that the democratic republic of the congo is accordingly bound to make full reparation on account of the injury suffered by the republic ..... 1988-1989 in its reply, filed on 19 november 2008, after the court had handed down its judgment on ..... 2007, the court fixed 27 march 2008 as the time-limit for the filing ..... order of 5 may 2008, the court authorized the submission of a reply by guinea and a rejoinder by the drc, and fixed 19 november 2008 and 5 june 2009 ..... 2008 .....
Tag this Judgment!Court : International Court of Justice ICJ
..... ; in favour: president owada; judges shi, buergenthal, abraham, keith, bennouna, can ado trindade, yusuf, greenwood; against: judges koroma, al-khasawneh, sep lveda-amor, skotnikov; judge ad hoc guillaume; (b) unanimously, finds that nicaragua is not acting in accordance with its obligations under the 1858 treaty when it requires persons travelling on the san juan river on board costa rican vessels exercising costa ricas right of free navigation to purchase nicaraguan tourist cards ..... in her memorial, reply and oral pleadings are rejected in general, and in particular, on the following bases : (a) either because there is no breach of the provisions of the treaty of limits of 15 april 1858 or any other international obligation of nicaragua; (b) or, as appropriate, because the obligation breach of which is alleged, is not an obligation under the provisions of the treaty of limits of 15 april 1858 or under general international law. ..... par ordonnance en date du 9 octobre 2007, la cour a autoris la presentation dune r plique par le costa rica et dune duplique par le nicaragua, et fix respectivement au 15 janvier 2008 et au 15 juillet 2008 les dates dexpiration des d lais pour le d p t de ces pi ces, qui ont t d ment produites dans les d lais ainsi prescrits. 8. ..... by an order of 9 october 2007, the court authorized the submission of a reply by costa rica and a rejoinder by nicaragua, and fixed 15 january 2008 and 15 july 2008 as the respective time-limits for the filing of those pleadings. .....
Tag this Judgment!Court : International Court of Justice ICJ
..... these reasons, the court, (1) by fourteen votes to two, finds that it has jurisdiction to entertain the application filed by the former yugoslav republic of macedonia on 17 november 2008 and that this application is admissible;in favour: president owada; vice-president tomka; judges koroma, simma, abraham, keith, sep lveda-amor, bennouna, skotnikov, can ado trindade, yusuf ..... pertaining to the merits of the present case, the applicant seeks two remedies which it regarded as constituting appropriate redress for claimed violations of the interim accord by the respondent. ..... in addition, the respondent has failed to show a connection between the applicants use of the symbol in 2004 and the respondents objection in 2008 that is, evidence that when the respondent raised its objection to the applicants admission to nato, it did so in response to the apparent violation of article 7, paragraph 2, or, more broadly, on ..... or cultural patrimony is being used by the other party, it shall bring such alleged use to the attention of the other party, and the other party shall take appropriate corrective action or indicate why it does not consider it necessary to do so.? ..... and its predecessor that the court may, in an appropriate case, make a declaratory judgment? ..... respondent has violated its obligation to the applicant under article 11, paragraph 1, of the interim accord, constitutes appropriate satisfaction. ..... skopje in march 2008 were erected by private individuals and that it acted promptly to have .....
Tag this Judgment!Court : International Court of Justice ICJ
..... par la voix de leurs repr sentants qualifi s devant la cour, ont r affirm leur engagement tout mettre en oeuvre pour que ceux des condamn s qui nont pas encore re u la r paration appropri e d finie au point 9) du dispositif de larr t avena en b n ficient dans les meilleurs d lais, et il ny a pas de doute que la cour ne peut quen prendre note avec ..... . the court recalls that in paragraph 153 (9) of the avena judgment the court had found that : the appropriate reparation in this case consists in the obligation of the united states of america to provide, by means of its own choosing, review and reconsideration of the convictions and sentences of the mexican nationals referred to in ..... . la cour rappelle que, au point 9) du paragraphe 153 de larr t avena, elle a indiqu que, pour fournir la r paration appropri e en lesp ce, les etats-unis dam rique sont tenus dassurer, par les moyens de leur choix, le r examen et la revision des verdicts de culpabilit rendus et des peines prononc es contre les ressortissants mexicains ..... choix des moyens dex cution, sans exclure ladoption, dans un d lai raisonnable, dune l gislation appropri e, si cela est jug n cessaire en vertu du droit constitutionnel ..... . the various passages in the further written explanations of mexico of 17 september 2008, while referring to certain actions and statements of the constituent organs of the united states and perceived failures to act in certain regards by the federal government, nonetheless remain very non .....
Tag this Judgment!Court : International Court of Justice ICJ
..... regard to question i, unanimously, that the administrative tribunal of the international labour organization was competent, under article ii of its statute, to hear the complaint introduced against the international fund for agricultural development on 8 july 2008 by ms ana teresa saez garc a; (b) with regard to questions ii to viii, unanimously, that these questions do not require further answers from the court; (c) with regard to question ix, unanimously, that the decision ..... located at the headquarters of the fund in rome where it shall enjoy full access to all of the administrative infrastructure available to the fund offices, including appropriate office space, as well as personnel, financial, communications and information management services?. ..... before the court clearly indicates that the managing director of the global mechanism, in his capacity as an ifad official, acted on behalf of ifad at the time the decision was taken not to renew the fixed-term contract of ms ..... confirming its jurisdiction to determine that by discharging an intermediary and supporting role under the mou, the president was acting on behalf of ifad outside its jurisdiction and/or did it constitute a fundamental fault in the procedure followed by ..... to the tribunal in response to the complaint filed by ms saez garc a, contended that the fund and the global mechanism were separate legal entities, and that the acts of the global mechanism or those of its managing director were not attributable to ifad. .....
Tag this Judgment!Court : International Court of Justice ICJ
..... 12 10 n, 30 59 46 e, to point t, at 45 09 45 n, 31 08 40 e; (d) and then on the line median between the relevant romanian and ukrainian opposite coasts, from point t passing through the points of 44 35 00 n, 31 13 43 e and of 44 04 05 n, 31 24 40 e, to point z, at 43 26 50 n, 31 20 10 e.?1 on behalf of the government of ukraine, at the hearing of 19 september 2008: for the reasons given in ukraines written and oral pleadings, ukraine requests the court to adjudge and declare that the line delimiting the continental shelf and exclusive economic zones between ukraine and ..... in light of these considerations, and without prejudice to the position of any third state regarding its entitlements in this area, the court finds it appropriate in the circumstances of this case to include both the southwestern and the south-eastern triangles in its calculation of the relevant area (see sketch- ..... in response, the agent of ukraine informed the court that his government did not consent to the production of the new document, on the grounds that romania had not acted in compliance with practice direction ix, since it did not indicate why it considered it necessary to file this new document now, nor did it provide an explanation why it did not produce this map at an earlier ..... in the 1949 proc s-verbaux relating to the line beyond point 1439, set out at the end of paragraph 58 above, was included in a 1954 act, signed by authorized officers of the two countries, relating to the boundary mark no. .....
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