Provisional Measures, U.S. Treaty Obligations, and the States

1998 ◽  
Vol 92 (4) ◽  
pp. 679-683 ◽  
Author(s):  
Louis Henkin
Keyword(s):  
United States ◽  
The United States ◽  
Final Decision ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Take All

In Paraguay v. United States, the International Court of Justice entered the following Order: The Court “[i]ndicates the following provisional measures: The United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings, and should inform the Court of all the measures which it has taken in implementation of this Order.”

scholarly journals Breard and the Federal Power to Require Compliance With ICJ Orders of Provisional Measures

1998 ◽  
Vol 92 (4) ◽  
pp. 683-691 ◽  
Author(s):  
Carlos Manuel Vázquez
Keyword(s):  
United States ◽  
Federal Government ◽  
Clinton Administration ◽  
Final Decision ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Supreme Court ◽  
The Postponement ◽  
Take All

Among the puzzling aspects of the Breard episode was the Clinton administration’s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard’s execution lay exclusively in the hands of the Governor of Virginia. The ICJ’s Order provided that “[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings.” The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution. As the administration explained to the Supreme 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.

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.

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.

The Process of Amending the Statute of the International Court of Justice

1970 ◽  
Vol 64 (5) ◽  
pp. 880-891 ◽  
Author(s):  
Egon Schwelb
Keyword(s):  
United States ◽  
The United States ◽  
International Justice ◽  
The Other ◽  
Recent Book ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Considerable Detail ◽  
Unanimous Consent

The Statute of the Permanent Court of International Justice did not contain a clause regulating the procedure for its amendment. This was considered to be a “gap,” an “unfortunate lacuna.” This “gap” may or may not have been deliberate. It was certainly not a “genuine” gap. In spite of the absence of a provision on amendments, the law provided a clear though inconvenient answer to the question of how the Statute could be amended, namely, by unanimous consent of all parties to it. In 1928 proceedings for the introduction of some amendments were initiated. They were incorporated in a Protocol of Amendment in 1929. The difficulties which were encountered before the Protocol of Amendment entered into force in 1936 are now history and need not be dealt with here, the less so as they have been described in considerable detail in a recent book. The Protocol of Amendment did not remedy this defect of the original Statute. As Hudson has explained, this was due to the fact that the adhesion of the United States was proposed on condition that the Statute “shall not be amended without the consent of the United States.” Such a position could hardly be accorded to the United States unless it were also maintained for the other states which were parties.

The Thirty—Third Year of the World Court

1955 ◽  
Vol 49 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Manley O. Hudson
Keyword(s):  
United States ◽  
Soviet Union ◽  
United States Of America ◽  
The United States ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
The Soviet Union ◽  
International Court ◽  
History Of

The history of the International Court of Justice in its thirty-third year is contained in narrow compass. It is chiefly confined to one judgment rendered by the Court in the Case of the Monetary Gold Removed From Borne in 1943, and to the advisory opinion given by the Court on the Effect of Awards Made By the United Nations Administrative Tribunal. Apart from these, in the Nottebohm Case between Liechtenstein and Guatemala, the time for the rejoinder of Guatemala to be filed was extended for one month, to November 2, 1954. Action was taken by the Court ordering that the “Électricité de Beyrouth” Company Case be removed from the list at the request of the French Government; the Court also ordered that two cases brought by the United States against Hungary and the Soviet Union, relating to the Treatment in Hungary of Aircraft and Crew of United States of America, should be removed from the list for lack of jurisdiction.

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