
- •Casebook of The Jessup Competition
- •Krasnodar, Russia
- •Table of Cases
- •International Court of Justice (icj) 4
- •International Court of Justice (icj) East Timor Case (Portugal V. Australia): Judgment of icj, 1995
- •The Ambatielos Claim (Greece V. United Kingdom of Great Britain and Northern Ireland) (1956)
- •Nuclear Tests case (Australia V. France): Judgment of icj, 1974
- •North Sea Continental Shelf cases (Federal Republic of Germany V. Denmark; Federal Republic of Germany V. Netherland): Judgment of icj, 1969
- •Barcelona Traction, Light and Power Company, Limited (Belgium V. Spain) (New Application: 1962) icj
- •The Corfu Channel Case (United Kingdom of Great Britain and Northern Ireland V. People's Republic of Albania), icj
- •Military and Paramilitary Activities in and against Nicaragua Case (Nicaragua V. United States of America), International Court of Justice (icj), 1986
- •Construction of a Wall Case (Advisory Opinion), icj, 9 July 2004
- •Oil Platforms Case (Islamic Republic of Iran V. United States of America), icj
- •La Grand Case (Germany V. Usa ), icj, 2 March 1999 Germany brings a case against the United States of America and requests the indication of provisional measures
- •Avena case and Other Mexican Nationals (Mexico V. United States of America), International Court of Justice (icj), 31 March 2004
- •Gabčíkovo-Nagymaros Project (Hungary / Slovakia), icj, 17/02/1997 - 7 December 1998
- •Arrest Warrant Case of 11 April 2000 (Democratic Republic of the Congo V. Belgium). International Court of Justice (icj), 14 February 2002.
- •Armed Activities on the Territory of the Congo (Democratic Republic of the Congo V. Uganda), I.C.J., 2005
- •Asylum (Columbia V. Peru), Merits, 1950 I.C.J., 20 November 1950
- •Certain Phosphate Lands in Nauru (Nauru V. Australia), I.C.J., 1992
- •Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada V. U.S.), I.C.J., 1984
- •Elettronica Sicula s.P.A. (elsi) (u.S. V. Italy), 1989 I.C.J.
- •Fisheries Case (u.K. V. Norway), 1951 I.C.J.
- •Frontier Dispute (Burkina Faso V. Republic of Mali), 1986 I.C.J.
- •Interhandel (Switzerland V. U.S), Preliminary Objections, 1959 I.C.J.
- •Kasikili/Sedudu Island (Botswana V. Namibia), 1999 I.C.J.
- •Minquiers and Ecrehos (France V. U.K.), 1953 I.C.J.
- •Nottebohm (Liechtenstein V. Guatemala), Preliminary Objections, 1953 I.C.J.
- •Implications for international law
- •Rights of Nationals of the United States of America in Morocco (France V. United States of America), 1952 I.C.J.
- •Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia V. Singapore) 2008 I.C.J.
- •Temple of Preah Vihear (Cambodia V. Thailand), Preliminary Objections, 1961 I.C.J.
- •Western Sahara, Advisory Opinion, 1975 I.C.J.
- •Ss Wimbledon, p.C.I.J., Series a. No. 1, 1923
- •The Facts
- •The Applicants
- •The respondents
- •Jurisprudence
- •Russian Claim for Interest on Indemnities (Russia V. Turkey), Permanent Court of Arbitration (picj), 1912
- •Island of Palmas case (Netherlands, usa), Permanent Court of Arbitration (picj), April 1928
- •Payment of Various Serbian Loans Issued in France Case (France V. Kingdom of the Serbs, Croats and Slovenes), Permanent Court of International Justice (picj), 1929
- •The “Societe Commerciale De Belgique” (Belgium V. Greece), Permanent Court of International Justice, 1939
- •The Mavrommatis Palestine Concessions, Greece V. Britain, Permanent Court Of International Justice (picj), 1924.08.30
- •Reports of International Arbitral Awards (r.I.A.A.) Territorial Sovereignty and Scope of the Dispute (Eritrea V. Yemen), Reports of International Arbitral Awards (r.I.A.A.), 1998
- •Mexican Union Railway Company Claim (United Kingdom V. Mexico), February 1930, 5 r.I.A.A.
- •Chattin case, b. E. Chattin (United States.) V. United Mexican States
- •Other International Cases Trail Smelter (Canada V. United States): Arbitral Tribunal, 1941
- •Tinoco Claims Arbitration (Great Britain V. Costa Rica), Tinoco Claims Arbitration (1923)
- •Rainbow Warrior Case (New Zealand V. France)
- •Background
- •The Case
- •Consequences
- •National Cases Government of Democratic Republic of the Congo V. Venne: Supreme Court of Canada, 1971
- •Inter-Science Research and Development Services Ltd V. People's Republic of Mozambique: Full Transvaal Court, 1980
Minquiers and Ecrehos (France V. U.K.), 1953 I.C.J.
The Minquiers and Ecrehos Case (France/United Kingdom) was an International Court of Justice case in which the UK and Francerequested that the ICJ determine which country held sovereignty over the islets and rocks in the Minquiers and Écréhous groups. France claimed sovereignty because it fished in the waters and because of its historic sovereignty over the area going back to the Duchy of Normandy in the eleventh century, whilst the UK claimed that Jersey had historically exercised legal and administrative jurisdiction over them.
Initially requested on 5 December 1951, the ICJ decided on 17 November 1953 that sovereignty over the islands belonged to the United Kingdom.
http://en.wikipedia.org/wiki/Minquiers_and_Ecrehos_Case_(France_v._United_Kingdom)
http://www.icj-cij.org/docket/index.php?sum=88&code=fuk&p1=3&p2=3&case=17&k=19&p3=5
Nottebohm (Liechtenstein V. Guatemala), Preliminary Objections, 1953 I.C.J.
Nottebohm, born September 16, 1881 in Hamburg, Germany, possessed Germancitizenship. Although he lived in Guatemala from 1905 until 1943 he never became a citizen of Guatemala. On October 9, 1939, Nottebohm applied to become a naturalized citizen of Liechtenstein. The application was approved under exceptional circumstances[clarification needed] and he became a citizen of Liechtenstein. He then returned to Guatemala on his Liechtenstein passport and informed the local government of his change of nationality. When he tried to return to Guatemala once again in 1943 he was refused entry as an enemy alien since the Guatemalan authorities did not recognise his naturalisation and regarded him as still German. It has been suggested that the timing of the event was due to the recent entry of the United States and Guatemala into the Second World War.
He was later extradited to the U.S., where he was held at an internment camp until the end of the war. All his possessions in Guatemala were confiscated. After his release, he lived out the rest of his life in Liechtenstein.
Implications for international law
Background of the ICJ case
The Government of Liechtenstein granted Nottebohm protection against unjust treatment by the government of Guatemala and petitioned the International Court of Justice. However, the government of Guatemala argued that Nottebohm did not gain Liechtenstein citizenship for the purposes of international law. The court agreed and thus stopped the case from continuing.
Decision
Although the Court stated that it is the sovereign right of all states to determine its own citizens and criteria for becoming one in municipal law, such a process would have to be scrutinized on the international plane where the question is of diplomatic protection. The Court upheld the principle of effective nationality, (the Nottebohm principle) where the national must prove a meaningful connection to the state in question. This principle was previously applied only in cases of dual nationality to determine which nationality should be used in a given case. However Nottebohm had forfeited his German nationality and thus only had the nationality of Liechtenstein. The question arises, who then had the power to grant Nottebohm diplomatic protection?
The Nottebohm case was subsequently cited in many definitions of nationality.
http://en.wikipedia.org/wiki/Nottebohm_(Liechtenstein_v._Guatemala)
http://www.icj-cij.org/docket/index.php?sum=215&code=lg&p1=3&p2=3&case=18&k=26&p3=5