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Armed Activities on the Territory of the Congo (New Application: 2002)

International Court of Justice.  10 July 2002 ; 03 February 2006 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Court of Justice — Jurisdiction — Basis of jurisdiction — Requirement of consent — Means by which consent can be given — Jus cogens — Whether fact that case involves allegations of breach of jus cogens norms or obligations erga omnes removes or qualifies requirement of consent — Forum prorogatum — Requirement that State indicate unequivocal intention of accepting jurisdiction — State appearing in case to challenge jurisdiction — Distinction between State’s acceptance of jurisdiction and requirement to comply with substantive law — Convention compromissory clauses — Interpretation and application — Procedural requirements — Whether preconditions for seisin of the Court

Sources of International Law — Jus cogens — Nature of jus cogens — Practical significance — Relationship to requirement of consent as basis for jurisdiction of the International Court of Justice

Treaties — Application — Jus cogens norms — Vienna Convention on the Law of Treaties, 1969, Article 66 — Whether basis for jurisdiction of International Court of Justice — Retroactive effect — Vienna Convention, Article 4 — Reservations — Withdrawal — Requirement of notification — Validity — Compatibility with object and purpose of treaty — Whether reservation to compromissory clause of treaty capable of being incompatible with object and purpose of treaty

Human rights — Human rights treaties — Convention on the Elimination of All Forms of Racial Discrimination — Convention on the Elimination of Discrimination against Women — Convention against Torture — Compromissory clauses — Interpretation — Requirement of negotiation — Arbitration — Preconditions to seisin of the International Court of Justice

International organizations — World Health Organization — UNESCO — Compromissory clauses in constitutions — Scope and effect — Whether discussions in international organization capable of constituting negotiations for purpose of compromissory clause in multilateral treaty

Type
Case Report
Copyright
© Cambridge University Press 2012

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