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Judge Kenneth James Keith

Judge Kenneth Keith
International Court of Justice

Biography Biography in PDF

Courts and Tribunals
International Court of Justice (ICJ)
The International Court of Justice
and Criminal Justice
Video   (29 minutes)


Procedure
Aspects of the Judicial Process in National and International Courts and Tribunals
In this lecture, I consider aspects of three principal questions relating to the judicial process: who (the judges, counsel  etc. ); how (the procedure); and what (the substantive law, the facts). I also touch on two other major questions, why and what next?  I draw on my experience as a judge or arbitrator in a number of different courts and tribunals.

Video   (51 minutes)
Courts and Tribunals
International Court of Justice (ICJ)
The International Court of Justice and Criminal Justice
A. Legal Instruments
Convention on the Prevention and Punishment of the Crime of Genocide, Paris, 9 December 1948, United Nations,  Treaty Series, vol. 78, p. 277.

Vienna Convention on Consular Relations, Vienna, 24 April 1963, United Nations Treaty Series, vol. 596, p. 261.

Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331.

United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p.3.

European Convention on State Immunity, Basel, 16 May 1972, United Nations, Treaty Series, vol. 1495.

International Law Commission, Articles on Responsibility of States for Internationally Wrongful Acts, 2001.

United Nations Convention on Jurisdictional Immunities of States and Their Property, New York, 2 December 2004.

B. Jurisprudence


Procedure
Aspects of the Judicial Process in
National and International Courts and Tribunals
A. Legal Instruments
Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945.

Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331.

B. Jurisprudence
Western Samoan Court of Appeal, Attorney General of Western Samoa v. Saipa’ia Olomalu, 14 VUWLR 275 (1982), 26 August 1982.

Arbitral Tribunal, Case concerning the difference between New Zealand and France concerning the interpretation or application of two agreements concluded on 9 July 1986 between the two States and which related to the problems arising from the Rainbow Warrior Affair, Reports of International Arbitral Awards, Vol. XX, pp. 215-284.

International Tribunal of the Law of the Sea, Southern Bluefin Tuna (New Zealand v. Japan; Australia v. Japan), Provisional Measures, Order of 27 August 1999, ITLOS Reports 1999, p. 280

International Court of Justice, Pulp Mills on the River Uruguay (Argentina v. Uruguay), Provisional Measures, Order of 23 January 2007, I.C.J. Reports 2007, p. 3.

International Court of Justice, 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, para. 160.

Arbitral Tribunal, United Parcel Service of America v. Canada, NAFTA award of 11 June 2007.

C. Documents
International Court of Justice resolution concerning the Internal Judicial Practice of the Court (12 April 1976).

General Assembly resolution 60/1 of 16 September 2005 (2005 World Summit Outcome), para. 134.

International Court of Justice Acts and Documents concerning the Organization of the Court, No. 6 (2007).

For further information on procedures and internal rules of the International Court of Justice, see the official website:
http://www.icj-cij.org.

D. Doctrine
L. Collins, Essays in International Litigation and the Conflict of Laws, Oxford University Press, Oxford, 1993, particularly chapter 1.

P. Freund, “Supreme Court of the United States”, Canadian Bar Review, vol. 29, 1951, p. 1080, quoted in  Supreme Court of Canada, Hunter v. Southam [1984] 2 SCR 641, 649, 17 September 1984.

R. Jennings, “The Internal Judicial Practice of the International Court of Justice”, British Yearbook of International Law, vol. 59, 1988, pp. 31-47.

K.J. Keith, “The World Community and Its Laws”, New Zealand University Law Review, vol. 22, 2006, pp. 9-11.