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Casebook of The Jessup Competition v1.1.doc
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International Court of Justice (icj) East Timor Case (Portugal V. Australia): Judgment of icj, 1995

East Timor was ruled by Portugal. Portugal went from there. Indonesia annexed East Timor. Australia acknowledged the capture. In East Timor was the continental shelf, which astral and Indonesia shared. Portugal was against and sued.

there are two different approaches by two different schools of thought to principle of self-determination:

1. External Self- Determination: this is also known as narrower approach. According to

this school of thought, self determination extends only to colonies or areas subject to foreign occupation the right to govern their own affairs free from outside interference.

2. Internal Self- Determination: this is also known as broader approach. According to this

school of thought, this right belongs to all peoples, including minorities & indigenous people living within existing countries. While some believe that the term included the right to succeed, others advocate no more than the right to select a representative government using a legitimate political process.

The case proves once again that you can not become involved in any country (Indonesia).

The Ambatielos Claim (Greece V. United Kingdom of Great Britain and Northern Ireland) (1956)

The Ambatielos Case (Greece v. United Kingdom) was the culmination of a disagreement between the Grecian shipowner Nicolas Eustache Ambatielos and the British government, from whom he had commissioned nine ships at an agreed price and delivery date.

When the British government missed every deadline, the resulting financial losses caused Ambatielos to fail to meet payments, eventually resulting in the reseizure of the already completed ships, ruining Ambatielos, who failed to resolve the matter in UK courts.

On 9 April 1952, Greece took the UK to the International Court of Justice, claiming that the British Board of Trade disregarded British legal protocol by failing to fully disclose to the court the delivery dates promised by the British Government, and the British Court of Appeal disregarded British legal protocol regarding 'fresh evidence' by denying appeal, thus denying Ambatielos adequate legal protection, contrary to international law and the Greco-British Treaty of Commerce and Navigation (1886); and, by declining to enter into an arbitration process with Greece, the UK government was in breach of said treaty and its UN agreements to 'peacefully resolve' international disputes.

On 1 July 1952 the ICJ ruled that it had no jurisdiction in the issue of Mr Ambatielos' trial, but had jurisdiction to decide whether or not the UK is obliged to enter into an arbitration process under the Greco-British Treaty of Commerce and Navigation.

On 19 May 1953 it ruled that the UK was obliged to enter into an arbitration process with Greece (which it did, and which was arbitrated in the UK's favour)

http://www.icj-cij.org/docket/index.php?sum=80&code=guk&p1=3&p2=3&case=15&k=f7&p3=5

http://untreaty.un.org/cod/riaa/cases/vol_XII/83-153_Ambatielos.pdf

http://en.wikipedia.org/wiki/Ambatielos_Case_(Greece_v._United_Kingdom)

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