Court : International Court of Justice ICJ
1. On 23 December 2008, the Federal Republic of Germany (hereinafter œGermany?) filed in the Registry of the Court an Application instituting proceedings against the Italian Republic (hereinafter œItaly?) in respect of a dispute originating in œviolations of obligations under international law? allegedly committed by Italy through its judicial practice œin that it has failed to respect the jurisdictional immunity which . . . Germany enjoys under international law?. As a basis for the jurisdiction of the Court, Germany, in its Application, invoked Article 1 of the European Convention for the Peaceful Settlement of Disputes of 29 April 1957. 2. Under Article 40, paragraph 2, of the Statute, the Registrar immediately communicated the Application to the Government of Italy; and, pursuant to paragraph 3 of that Article, all other States entitled to appear before the Court were notified of the Application. 3. Since the Court included upon the Bench no judge of Italian...
Tag this Judgment!Court : International Court of Justice ICJ
1. By a letter dated 23 April 2010, which reached the Registry on 26 April 2010, the President of the International Fund for Agricultural Development (hereinafter œIFAD? or the œFund?) informed the Court that the Executive Board of IFAD, acting within the framework of Article XII of the Annex to the Statute of the Administrative Tribunal of the International Labour Organization (hereinafter the œILOAT? or the œTribunal?), had decided to challenge the decision rendered by the Tribunal on 3 February 2010 in Judgment No. 2867, and to refer the question of the validity of that Judgment to the Court. Certified true copies of the English and French versions of the resolution adopted by the Executive Board of IFAD for that purpose at its ninety-ninth session, on 22 April 2010, were enclosed with the letter. The resolution reads as follows:œThe Executive Board of the International Fund for Agricultural Development, at its ninety-ninth session held on 21-22 April 2...
Tag this Judgment!Court : International Court of Justice ICJ
The International Court of Justice, Composed as above, After deliberation, Having regard to Article 48 of the Statute of the Court and to Articles 31, 44, 45, paragraph 1, 48 and 49 of the Rules of Court, Having regard to the Application filed in the Registry of the Court on 22 December 2011, whereby the Republic of Nicaragua instituted proceedings against the Republic of Costa Rica "for violations of Nicaraguan sovereignty and major environmental damages on its territory", referring to "Costa Ricas construction of a road running parallel . . . to the southern bank of the [San Juan] River" and posing "[t]he the most immediate threat to the River and its environment"; - 2 - Whereas on 22 December 2011 a certified copy of the Application was transmitted to the Republic of Costa Rica; Whereas the Republic of Nicaragua has appointed H.E. Mr. Carlos J. Argello Gmez as Agent; and whereas the Republic of Costa Rica has appointed H.E. Mr. Edgar Ugalde lvarez as Agent and H.E. Mr. Jorge Urbina...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 17 November 2008, the former Yugoslav Republic of Macedonia (hereinafter the œApplicant?) filed in the Registry of the Court an Application instituting proceedings against the Hellenic Republic (hereinafter the œRespondent?) in respect of a dispute concerning the interpretation and implementation of the Interim Accord signed by the Parties on 13 September 1995, which entered into force on 13 October 1995 (hereinafter the œInterim Accord?). In particular, the Applicant soughtœto establish the violation by the Respondent of its legal obligations under Article 11, paragraph 1, of the Interim Accord and to ensure that the Respondent abides by its obligations under Article 11 of the Interim Accord in relation to invitations or applications that might be made to or by the Applicant for membership of NATO or any other international, multilateral or regional organization or institution of which the Respondent is a member?. 2. In its Application, the Applicant, ref...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 6 December 2001, the Republic of Nicaragua (hereinafter œNicaragua?) filed in the Registry of the Court an Application instituting proceedings against the Republic of Colombia (hereinafter œColombia?) in respect of a dispute consisting of a œgroup of related legal issues subsisting? between the two States œconcerning title to territory and maritime delimitation? in the western Caribbean. As a basis for the jurisdiction of the Court, the Application invoked the provisions of Article XXXI of the American Treaty on Pacific Settlement signed on 30 April 1948, officially designated, according to Article LX thereof, as the œPact of Bogot? (hereinafter referred to as such), as well as the declarations made by the Parties under Article 36 of the Statute of the Permanent Court of International Justice, which are deemed, for the period which they still have to run, to be acceptances of the compulsory jurisdiction of the present Court pursuant to Article 36, pa...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 12 August 2008, the Government of Georgia filed in the Registry of the Court an Application instituting proceedings against the Russian Federation in respect of a dispute concerning œactions on and around the territory of Georgia? in breach of the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter œCERD?) of 21 December 1965. In its Application, Georgia, referring to Article 36, paragraph 1, of the Statute, relied on Article 22 of CERD to found the jurisdiction of the Court and also reserved the right to invoke Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948 as an additional basis for jurisdiction. 2. In accordance with Article 40, paragraph 2, of the Statute, the Application was communicated forthwith to the Government of the Russian Federation by the Registrar; and, in accordance with paragraph 3 of that Article, all States entitled to appear before the Court were n...
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1. On 28 December 1998, the Government of the Republic of Guinea (hereinafter œGuinea?) filed in the Registry of the Court an Application instituting proceedings against the Democratic Republic of the Congo (hereinafter the œDRC?, named Zaire between 1971 and 1997) in respect of a dispute concerning œserious violations of international law? alleged to have been committed œupon the person of a Guinean national?. The Application consisted of two parts, each signed by Guineas Minister for Foreign Affairs. The first part, entitled œApplication? (hereinafter the œApplication (Part One)?), contained a succinct statement of the subject of the dispute, the basis of the Courts jurisdiction and the legal grounds relied on. The second part, entitled œMemorial of the Republic of Guinea? (hereinafter the œApplication (Part Two)?), set out the facts underlying the dispute, expanded on the legal grounds put forward by Guinea and stated Guineas claims. I...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 4 May 2006, the Argentine Republic (hereinafter œArgentina?) filed in the Registry of the Court an Application instituting proceedings against the Eastern Republic of Uruguay (hereinafter œUruguay?) in respect of a dispute concerning the breach, allegedly committed by Uruguay, of obligations under the Statute of the River Uruguay (United Nations, Treaty Series (UNTS), Vol. 1295, No. I-21425, p. 340), a treaty signed by Argentina and Uruguay at Salto (Uruguay) on 26 February 1975 and having entered into force on 18 September 1976 (hereinafter the œ1975 Statute?); in the Application, Argentina stated that this breach arose out of œthe authorization, construction and future commissioning of two pulp mills on the River Uruguay?, with reference in particular to œthe effects of such activities on the quality of the waters of the River Uruguay and on the areas affected by the river?. In its Application, Argentina, referring to Article 36, paragraph 1, of th...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 29 September 2005 the Republic of Costa Rica (hereinafter œCosta Rica?) filed in the Registry of the Court an Application of the same date, instituting proceedings against the Republic of Nicaragua (hereinafter œNicaragua?) with regard to a œdispute concerning navigational and related rights of Costa Rica on the San Juan River?. In its Application, Costa Rica seeks to found the jurisdiction of the Court on the declaration it made on 20 February 1973 under Article 36, paragraph 2, of the Statute, as well as on the declaration which Nicaragua made on 24 September 1929 under Article 36 of the Statute of the Permanent Court of International Justice and which is deemed, pursuant to Article 36, paragraph 5, of the Statute of the present Court, for the period which it still has to run, to be acceptance of the compulsory jurisdiction of this Court. Costa Rica also seeks to found the jurisdiction of the Court on the Tovar-Caldera Agreement signed between the Parties on 2...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 16 September 2004 Romania filed in the Registry of the Court an Application dated 13 September 2004, instituting proceedings against Ukraine concerning the delimitation of the continental shelf and the exclusive economic zones of Romania and Ukraine in the Black Sea. In its Application, Romania seeks to found the jurisdiction of the Court on the provisions of paragraph 4 (h) of the Additional Agreement constituted by an exchange of letters of 2 June 1997 between the Ministers for Foreign Affairs of Romania and Ukraine. The Additional Agreement was concluded with reference to Article 2 of the Treaty on the Relations of Good Neighbourliness and Co-operation between Romania and Ukraine, signed on 2 June 1997 (hereinafter the œTreaty on Good Neighbourliness and Co-operation?). Both instruments entered into force on 22 October 1997. 2. Pursuant to Article 40, paragraph 2, of the Statute, the Registrar immediately communicated a certified copy of the Application to the Government...
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