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court’, is the essential element. In a first stage, the parties exchange written pleadings (Memorial by the applicant, Counter-Memorial by the respondent; in some cases followed by a

See the Hein case, Annual Digest and Reports of Public International Law Cases 1919–22, Case No 148, p 216; Canevaro case (1912) 11 RIAA 397. 62 Salem case (1932) 2 RIAA

provided a case presents a legal issue, they are not prevented from deciding it merely because it also has political elements. 48 It is easy to see that such an attitude is essential if

Joined Cases 402/05 and 415/05 [2008] ECR I-6351, paras 280–330. See Denza, 2013 , pp 185–7. 81 See Gisti case, Conseil d’Etat, 29 June 1990, 111 ILR 499; Agyepong case, Conseil

especially North Sea Continental Shelf Case, ICJ Reports 1969 , p 3; Nicaragua Case, ICJ Reports 1986 , p 14; Libya/Malta Continental Shelf Case, ICJ Reports 1985 , p 14. 32 The co

law, and by reference to decisions of international tribunals, Bowett has stated the essentials of estoppel to be: (1) an unambiguous statement of fact; (2) which is voluntary, unc

the only way for the State to safeguard an essential interest against a grave and imminent peril; and … does not seriously impair an essential interest of the State or States towards which

This would still have been the case even if Czechoslovakia, by the time of the purported termination, had violated a provision essential to the accomplishment of the object or

is complemented, in the case of injury suffered by nationals, by the rule, enunciated by the Permanent Court in Mavrommatis , that ‘[b]y taking up the case of one of its subjects and

v Blaskić , Judgment, Case No IT-95–14-T, Trial Chamber (3 March 2000); 110 ILR 609. However, see also the case of Prosecutor v Krstić , Judgment, Case No IT-98–33-A, Appeals Chamber

by the ITLOS in the Myanmar/Bangladesh case, 88 by the ICJ in the Nicaragua v Colombia case, 89 by the ICJ in the Peru v Chile case, 90 and by the Tribunal in the Bangladesh

serious to be regarded as imperilling an ‘essential interest’ and the situation did not involve a ‘grave and imminent peril’; in any case, it has been held that the measures adopted

of the local remedies rule if the use of these means of procedure is essential to establish the claimant’s case before the municipal courts. 138 The test appears to be that an effective

necessary implication as being essential to the performance of its duties. 40 This doctrine of implied powers has been applied by the ICJ in a number of cases. In the Reparation for

jurisdiction is universally recognized. 16 It is a reflection of the essential territoriality of sovereignty. In the case of crime, the principle has a number of practical advantages, including

law, probably most authoritatively by the ICJ in the Bosnian Genocide case. 25 Still, as it said in that case, adopting the ICTY’s view, ‘where there is physical or biological destruction

tiresome and oddly persistent fallacy that arose from an early case in the Permanent Court of International Justice (PCIJ). The case concerned a collision on the high seas (ie that part of

Finally, there are cases where the legal title is not capable of showing exactly the territorial expanse to which it relates. The effectivité can then play an essential role in showing

inducing an essential error is dealt with by the provision relating to error. The ILC took the view that corruption of representatives was not adequately dealt with as a case of fraud

least, minimum essential levels of each of the rights’ of the Covenant. 39 So, where ‘a significant number of individuals is deprived of essential foodstuffs, of essential primary health