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President Rosalyn Higgins

Judge Rosalyn Higgins
Former President
International Court of Justice

 

Courts and Tribunals
International Court of Justice (ICJ)
Shabtai Rosenne and the International Court of Justice
Video   (49 minutes)


What International Courts (and Judges)
May and May Not Do
Equality of the parties and impartiality of the Judges are essential ingredients for international justice. What are the things that a court must do – or refrain from doing – to ensure equality of the parties? And what constraints are there upon individual Judges who, together, will decide the case? The answers to these questions are not always evident in the Statute, Rules or case law of a court. Using the International Court of Justice as an example, this lecture considers a range of behavioural matters, for both the Court and its Judges, that arise from the concepts of equality and impartiality.
Video   (35 minutes)
Courts and Tribunals
International Court of Justice (ICJ)
Shabtai Rosenne and the International Court of Justice
A. Jurisprudence
B.Documents
International Court of Justice, Rules of the Court, 14 April 1978.
C. Doctrine
J.N. Moore/M.H. Nordquist/S.N. Nandan/S. Rosenne, United Nations Convention on the Law of the Sea 1982: A Commentary, Martinus Nijhoff Publishers, Leiden/Boston.

T. Gill/H. Dotinga/E. J. Molenaar/A.Elferink (eds.), Rosenne’s The World Court: what it is and how it works, 6th edition, United Nations Publications, 2003.

S. Rosenne, The Perplexities of Modern International Law (Hague Academy of International Law Monographs), 2004.

S. Rosenne/Y. Ronen, The Law and Practice of the International Court, 1920-2005: Jurisdiction, Martinus Nijhoff Publishers, Leiden/Boston, 2006.

International Court of Justice, The Illustrated Book of the International Court of Justice, 2006.

What International Courts (and Judges) May and May Not Do
A. Legal Instruments
Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945.

Convention on the Prevention and Punishment of the Crime of Genocide, Paris, 9 December 1948, United Nations,  Treaty Series, vol. 78, p. 277.

Treaty of Amity, Economic Relations and Consular Rights between the United States of America and Iran, Tehran, 15 August 1955.

International Covenant on Civil and Political Rights, New York, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171.

B.Jurisprudence
International Court of Justice, Asylum Case (Colombia v. Peru), Judgment of 20 November 1950, I.C.J. Reports 1950, p. 266.

International Court of Justice, Fisheries Case (United Kingdom v. Norway), Judgment of 18 December 1951, I.C.J. Reports 1951, p. 116.

International Court of Justice, Case Concerning Rights of Nationals of the United States of America in Morocco (France v. the United States of America), Judgment of 27 August 1952, I.C.J. Reports 1952, p. 176.

International Court of Justice, Barcelona Traction, Light and Power Company, Limited, Judgment of 5 February 1970, I.C.J. Reports 1970, p. 3.

International Court of Justice, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996, I.C.J. Reports 1996, p. 226.

International Court of Justice, Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States), Preliminary Objections, Judgment of 27 February 1998, I.C.J. Reports 1998, p. 115.

International Court of Justice, LaGrand Case (Germany v. United States of America), Request for the Indication of Provisional Measures, Order of 3 March 1999, I.C.J. Reports 1999, p. 9.

International Court of Justice, Case Concerning Oil Platforms (Islamic Republic of Iran v. United States of America), Judgment of 6 November 2003, I.C.J. Reports 2003, p. 161.

International Court of Justice, Avena and Other Mexican Nationals (Mexico v. United States of America), Judgment of 31 March 2004, I.C.J. Reports 2004, p. 12.

International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion of 9 July 2004, I.C.J. Reports 2004, p. 136.

International Court of Justice, Legality of Use of Force (Serbia and Montenegro v. Belgium), Preliminary Objections, Judgment of 15 December 2004, I.C.J. Reports 2004, p. 279.

International Court of Justice, Case Concerning Certain Property (Liechtenstein v. Germany), Preliminary Objections, Judgment of 10 February 2005, I.C.J. Reports 2005, p. 6.

International Court of Justice, Case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment of 26 February 2007, I.C.J. Reports 2007, p. 43.

International Court of Justice, Case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia v. Singapore), Judgment of 23 May 2008, I.C.J. Reports 2008, p. 12.

International Court of Justice, Case Concerning Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France), Judgment of 4 June 2008, I.C.J. Reports 2008, p. 177.

International Court of Justice, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Preliminary Objections, Judgment of 18 November 2008, I.C.J. Reports 2008, p. 412.

International Court of Justice, Maritime Delimitation in the Black Sea (Romania v. Ukraine), Judgment of 3 February 2009, I.C.J. Reports 2009, p. 61.
C. Documents
International Court of Justice, Rules of the Court, 14 April 1978.

International Court of Justice, Practice Direction VIII, 2002.

International Law Association, The Burgh House Principles on the Independence of the International Judiciary, 2004.

Institut de droit international, Sixth Commission, The Position of the International Judge, Resolution of 9 September 2011 (Rapporteur: G. Guillaume).