The Colombian-Peruvian Asylum Case: The Practice of Diplomatic Asylum

1952 ◽  
Vol 46 (1) ◽  
pp. 142-157 ◽  
Author(s):  
Alona E. Evans
Keyword(s):  
Latin America ◽  
International Law ◽  
Far East ◽  
International Court Of Justice ◽  
Legal Sanction ◽  
Court Of Justice ◽  
American States ◽  
First Case ◽  
International Court ◽  
Long Time

By a turn of legal fate, the first case between two American states to be decided by either the International Court of Justice or its predecessor, the Permanent Court of International Justice, is one which involves the controversial practice of diplomatic asylum. One can choose to regard diplomatic asylum as a principle of American international law or as a “permissive local custom,” though in no sense a principle of international law, or one can agree that “the fact that asylum is not exercised in the territory of the leading states, and is mainly resorted to in the ‘backward’ countries of the Near and Far East and of Latin America, suggests that it is a practice followed only in relation to states who are not fully civilized in the Western sense of the term, and that as such it is a temporary exception to the system of international law which obtains in the community of civilized nations.” Whatever the viewpoint, the fact remains that the practice has been indulged in for a long time, with and without formal legal sanction, and in more places than Latin America. The Colombian-Peruvian Asylum Case brings to attention the issues of the validity in international law of diplomatic asylum and of its desirability in international relations. A short sketch of the origin and development of diplomatic asylum will indicate something of its nature.

Resistance to territorial and maritime delimitation judgments of the International Court of Justice and clashes with ‘territory clauses’ in the Constitutions of Latin American states

2021 ◽  
pp. 1-24
Author(s):  
Walter Arévalo Ramírez
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
National Boundaries ◽  
Domestic Law ◽  
Legal Barriers

Abstract This article analyses the growing resistance to judgments of the International Court of Justice arising out of domestic law in Latin America, through a study of challenges to the authority of the Court’s judgments regarding territorial and maritime delimitation in the region. These challenges are based upon the ‘territory clauses’ found in many Latin American constitutions, which were used to set national boundaries following colonial independence. Territory clauses that once developed international law doctrines such as uti possidetis iuris are now being used against prevailing international law rules, in a process described in this article as ‘constitutional resistance’. This article explains the nature of ‘territory clauses’ in Latin America, i.e., clauses that constitutionally define the national territory in reference to international law. It then describes the process of ‘constitutional resistance’, by which local authorities have used these clauses to oppose ICJ judgments, leading to various results, such as non-appearance in further proceedings, constitutionalizing exclusively favourable judgments, deferring the implementation of a judgment to the Constitutional Court or implementing only certain ICJ judgments, while creating legal barriers to the implementation of judgments that, in the State’s view, negatively affect their territory. These challenges based on territory clauses are studied through prominent ICJ cases involving Nicaragua, Honduras, El Salvador, and Colombia. The article also explores how the lack of a strong territory clause eased the implementation of the Peru v. Chile judgment, and how the recent non-appearance of Venezuela in its current ICJ proceedings with Guyana, is partly based on constitutional justifications.

Beyond Compliance: Law-Making through Latin American Cases before the World Court

2017 ◽  
Vol 16 (2) ◽  
pp. 245-263
Author(s):  
Paula Wojcikiewicz Almeida
Keyword(s):  
International Law ◽  
Latin American ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
American States ◽  
International Court ◽  
The World ◽  
Traditional Function ◽  
International Adjudication

Abstract Departing from a contemporary approach to international adjudication, this article aims to evaluate, firstly, the limits of compliance and its residual character when assessing the effectiveness of the International Court of Justice with regards to Latin American states. Secondly, it deals with the importance of going beyond the traditional function of inter-state dispute settlement to assess the contribution of Latin American states to international law through cases submitted to the Court, independently from case-specific compliance. This is because a judgment that has not been complied with may substantially contribute to international law and produce important impacts on domestic authorities. Latin American cases constitute an example of this phenomenon.

Introductory Note

2017 ◽  
Author(s):  
John G. Merrills
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Introductory Note

In 2015 the International Court of Justice (ICJ) gave three judgments and made a number of orders. In various ways this jurisprudence, although modest in extent, contributed to the elucidation of international law on several procedural, as well as substantive matters. In that year no new cases were begun, but one case was discontinued. At the beginning of 2016 there were therefore ten cases on the Court’s docket. The Court’s work in 2015 demonstrates that through its decisions it continues to assist states to resolve their international disputes peacefully and at the same time to contribute to the clarification and development of international law.

Consolidation of Statehood through Membership in the UN: Some Remarks on Kosovo, Democracy and International Law

2018 ◽  
Vol 43 (3) ◽  
pp. 331-349
Author(s):  
Iliriana Islami ◽  
Remzije Istrefi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
State Building ◽  
Former Yugoslavia ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Building Process

Kosovo declared its independence on 17 February 2008. Subsequently, one of the aims of Kosovo’s foreign policy was to further consolidate this position and to justify Kosovo’s prospective membership in the United Nations. This article examines the issue of recognition, elucidating how Kosovo is different from other countries and comparing it with the case of the former Yugoslavia. Other aspects in the state-building process such as ‘building constitutionalism’ will be presented as a step toward justifying recognition and membership. Furthermore, the Advisory Opinion of the International Court of Justice (ICJ) of 8 October 2008 will be presented as evidence of Kosovo’s strengthening international position in its quest for further recognition. Thus, the article will discuss and analyze the arguments in favor of Kosovo being admitted to the UN.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

Plausibility in the Provisional Measures Jurisprudence of the International Court of Justice

2018 ◽  
Vol 31 (3) ◽  
pp. 641-668 ◽  
Author(s):  
MASSIMO LANDO
Keyword(s):  
International Law ◽  
Prima Facie ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court

AbstractIn 2009, the International Court of Justice introduced plausibility as a requirement for indicating provisional measures under Article 41 of its Statute. Upon its introduction, plausibility was conceived as a test to establish that the rights asserted by applicant states might exist under international law. However, the Court subsequently developed the plausibility test into a higher standard, which requires the Court also to assess that the alleged conduct of the respondent state might breach that applicant state's asserted rights. This development has important implications for provisional measures proceedings before the Court. First, one could distinguish two aspects of plausibility, legal and factual. Second, plausibility has different functions in requests for provisional measures depending on whether the applicant state asserts rights arising under a treaty or under customary international law. Third, the Court's enquiry into plausibility could overlap with the enquiry into prima facie jurisdiction ratione materiae, although these two requirements conceivably entail different thresholds. Fourth, plausibility in provisional measures indicated in interpretation proceedings could be seen to be different from plausibility in provisional measures indicated in ordinary contentious proceedings.

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

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