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
1-20 of 146 Results for:
- All: Essential Cases x
- Public International x
Did you mean: Essential Cases: Contract Law, Essential Cases: Land Law, Essential Cases: Equity & Trusts ... Essential Cases: Contract Law, Essential Cases: Land Law, Essential Cases: Equity & Trusts, Essential Cases: EU Law, Essential Cases: Criminal Law, Essential Cases: Tort Law, Essential Cases: Public Law more less
Chapter
19. The International Court of Justice
Hugh Thirlway
Chapter
15. Issues of Admissibility and the Law on International Responsibility
Phoebe Okowa
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
Chapter
18. The Means of Dispute Settlement
John Merrills
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
Chapter
13. The Relationship between International and National Law
Eileen Denza
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
Chapter
5. Soft Law in International Law-Making
Alan Boyle
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
Chapter
18. Unilateral acts, acquiescence, and estoppel
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
Chapter
25. The conditions for international responsibility
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
Chapter
6. The Practical Working of the Law of Treaties
Malgosia Fitzmaurice
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
Chapter
26. Consequences of an internationally wrongful act
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
Chapter
12. Immunities Enjoyed by Officials of States and International Organizations
Chanaka Wickremasinghe
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
Chapter
21. The Law of the Sea
Malcolm D Evans
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
Chapter
14. The Character and Forms of International Responsibility
James Crawford and Simon Olleson
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
Chapter
31. The claims process
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
Chapter
8. International Organizations
Dapo Akande
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
Chapter
21. Jurisdictional competence
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
Chapter
24. International Criminal Law
Robert Cryer
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
Chapter
10. Jurisdiction
Christopher Staker
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
Chapter
9. Acquisition and transfer of territorial sovereignty
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
Chapter
16. The law of treaties
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
Chapter
25. International Human Rights Law
Nigel Rodley
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