scholarly journals The Other Shoe Falls: The Future of Article 36(1) Jurisdiction in the Light of Nicaragua

1987 ◽  
Vol 81 (1) ◽  
pp. 166-173
Author(s):  
W. Michael Reisman
Keyword(s):  
United States ◽  
World Order ◽  
The United States ◽  
World Politics ◽  
Secretary General ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future ◽  
The Icj

In the wake of the 1984 Judgment of the International Court on jurisdiction and admissibility issues in the Nicaragua case, the United States reviewed the utility and desirability of continued participation in the optional jurisdictional regime established by Article 36(2) of the Statute of the International Court of Justice. The Executive concluded essentially that the experiment initiated by the regime neither had succeeded nor was likely to succeed in the future; that its subscription was ragged and asymmetrical in terms of world politics; that the Court, the custodian of this mode of jurisdiction, had adopted new theories of interpretation that were inconsistent, in the U.S. view, with the thrust of the provision; that the Court itself had changed; and that, in sum, continued United States participation would discriminate against United States interests while contributing nothing to world order. Accordingly, on October 7, 1985, the Secretary of State informed the Secretary-General of the United Nations that the United States was terminating, in accord with the terms of its Declaration and the provisions of the Statute, its adherence to the optional regime under Article 36(2) of the ICJ Statute.

Some Observations on the ICJ’s Procedural and Substantive Innovations

1987 ◽  
Vol 81 (1) ◽  
pp. 116-121 ◽  
Author(s):  
Thomas M. Franck
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future

The decision of the International Court of Justice in the case between Nicaragua and the United States brims with important procedural and substantive implications for the future of law and adjudication in disputes between states.

scholarly journals Iran Initiates Suit Against the United States in the International Court of Justice, While Sanctions Take Effect

2019 ◽  
Vol 113 (1) ◽  
pp. 173-182
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Economic Relations ◽  
Comprehensive Plan ◽  
Court Of Justice ◽  
International Court ◽  
The Icj

In the wake of President Trump's decision to withdraw the United States from the Joint Comprehensive Plan of Action (JCPOA) and reimpose sanctions, Iran instituted proceedings against the United States before the International Court of Justice (ICJ). In its application, filed on July 16, 2018, Iran alleged that the re-imposition of sanctions constituted a violation of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Treaty of Amity) between Iran and the United States. In order to prevent “irreparable damages” to the Iranian economy, Iran simultaneously filed a request for provisional measures. After the ICJ issued an order unanimously granting limited provisional measures on October 3, 2018, the United States announced its intention to terminate the Treaty of Amity. The United States issued its first phase of sanctions on August 7, 2018, and the remaining sanctions took effect on November 5, 2018.

The ICJ and Compulsory Jurisdiction: The Case for Closing the Clause

1987 ◽  
Vol 81 (1) ◽  
pp. 57-76 ◽  
Author(s):  
Gary L. Scott ◽  
Craig L. Carr
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Evolving System ◽  
The Icj ◽  
The Ideal

The refusal of the United States to consider itself bound by the recent decision in the Case Concerning Military and Paramilitary Activities in and against Nicaragua, coupled with the earlier termination of its adherence to Article 36(2) of the Statute of the International Court of Justice, has sparked a small storm of controversy and concern. Part of this concern involves how the United States, presumably a law-abiding and law-respecting nation, could possibly bring itself to snub the International Court of Justice and, by extension, the ideal of international law. Another part of this concern involves the likely consequences of the United States move on the vitality of the Court as the focal institution of a slowly evolving system of international law. A less obvious concern, but arguably one of paramount importance, calls into question the wisdom of insisting that the ICJ retain its optional compulsory jurisdiction. It is this less obvious concern that we propose to discuss here.

Post-Avena Application of the Vienna Convention on Consular Relations by United States Courts

2005 ◽  
Vol 18 (2) ◽  
pp. 215-235 ◽  
Author(s):  
CHRISTOPHER J. LE MON
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Us ◽  
Us Supreme Court ◽  
The Icj

Following the judgment of the International Court of Justice in the Avena case, US courts have had a mixed record in applying the decision domestically. In this article, I examine the treatment by US courts of claims by criminal defendants alleging Vienna Convention violations, subsequent to the Avena judgment. First, I discuss the two limited decisions so far taken by the US Supreme Court regarding the Vienna Convention, and briefly explain several of the judicially-created rules that have prevented most US courts from reaching the merits of Vienna Convention claims. Next, I analyse the ICJ judgment in the LaGrand case, and provide an overview of the reception of that case by the US courts. After a summary of the Avena decision, I turn to the latest cases in which Vienna Convention claims based on Avena have been raised in US courts, focusing on the two most important decisions, and examining their contradictory rulings. As the US Supreme Court has now decided to hear an appeal in one of these cases, I conclude by arguing that the Supreme Court should take the opportunity to elucidate the role of the International Court of Justice in US law when the United States has consented to binding treaty interpretation by that court.

The United States Accepts Compulsory Jurisdiction

1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
United States Senate ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
One Year ◽  
United Nations Charter

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.

Judge Stephen Schwebel: International Jurist Extraordinaire

2011 ◽  
Vol 11 (1) ◽  
pp. 55-64 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Distinguished Career ◽  
International Court ◽  
Law Library

AbstractThis is a further contribution to the Squire Law Library Eminent Scholars Archive by Lesley Dingle. It is based on interviews with Stephen Schwebel about his distinguished career as an international jurist in the United States and at the International Court of Justice.

Discontinuance by Nicaragua of Case Against the United States

1992 ◽  
Vol 86 (1) ◽  
pp. 173-174
Keyword(s):  
United States ◽  
The United States ◽  
Technical Development ◽  
International Court Of Justice ◽  
Maximum Extent ◽  
Court Of Justice ◽  
International Court

On September 26, 1991, the International Court of Justice issued an Order recording the discontinuance by Nicaragua of the proceedings in Military and Paramilitary Activities in and against Nicaragua and the removal of the case from the Court’s list. Nicaragua had expressed its wish to discontinue the proceedings against the United States in a letter to the Court of September 12, 1991, in which it cited agreements between the two countries “aimed at enhancing Nicaragua’s economic, commercial and technical development to the maximum extent possible.”

scholarly journals Palestine Brings a Case Against the United States in the International Court of Justice at a Fraught Time for U.S.-Palestinian Relations

2019 ◽  
Vol 113 (1) ◽  
pp. 143-149
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
Palestine Liberation Organization ◽  
Optional Protocol ◽  
Court Of Justice ◽  
International Court ◽  
Settlement Of Disputes ◽  
The Relationship

While Palestine considers itself a state, the United States does not currently recognize it as such. The relationship between the two has continued to deteriorate following the December 2017 announcement that the United States would recognize Jerusalem as Israel's capital and move its embassy there. Alleging that the embassy relocation violates international law, Palestine brought a case against the United States in the International Court of Justice (ICJ) in September of 2018. The United States reacted by announcing its withdrawal from the Optional Protocol to the Vienna Convention on Diplomatic Relations Concerning the Compulsory Settlement of Disputes (Optional Protocol). Also in the fall of 2018, the Trump administration closed the Palestine Liberation Organization (PLO) office in Washington, curtailed its own Palestinian-focused mission in Jerusalem, and sharply cut U.S. funding focused on Palestinian interests.

Sign in / Sign up

Export Citation Format

Share Document