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International Court of Justice

Published online by Cambridge University Press:  22 May 2009

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Extract

Ambatielos Case: When oral proceedings in the preliminary objection in the Ambatielos Case opened on May 15, as announced, the President of the Court stated that the Greek government had designated an ad hoc judge in the person of Mr. Jean Spiropoulos. Sir Eric Beckett, counsel for the United Kingdom, stated that, in spite of the United Kingdom's contention that the jurisdiction of the Court should be accepted as widely as possible by states, it felt bound to contest the jurisdiction of the Court in the case under consideration because: 1) the dispute related to facts occurring before 1930 when the United Kingdom first accepted the Optional Clause; 2) it considered the claim of denial of justice completely unfounded on the merits; 3) it considered it clear that municipal remedies had not been exhausted; and 4) no claim of any denial of justice or other breach of an international obligation was made until 1933, ten years after the events and eight years after a refusal of a request ex gratia in which it had been admitted that no legal claim could be made. Sir Eric explained that the United Kingdom, although it took the preliminary objection that the Court had no jurisdiction, had filed a comprehensive counter-memorial on the merits of the case in order that the Greek government's aspersions on the administration of justice in the English High Court and Court of Appeal should not appear on the record unrefuted. Further, the United Kingdom denied that the terms of the 1886 or 1926 treaties (or the declaration appended to the latter) between the two governments lent any support to the Greek government's claims on behalf of Mr. Ambatielos.

Type
International Organizations: Summary of Activities: I. United Nations
Copyright
Copyright © The IO Foundation 1952

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References

1 ICJ Communiqué 52/7, May 12, 1952.

2 ICJ Communiqué 52/8, May 15, 1952.

3 For coverage of earlier phases of the Anglo-Iranian Oil Case in the United Nations Security Council and the Court, see International Organization, VI, p. 76, 295.

4 ICJ Communiqué 52/2, March 28, 1952.

5 ICJ Communiqué 52/3, April 8, 1952.

6 ICJ Communiqué 52/11, May 21, 1952.

7 United Nations, Bulletin, XII, p. 479Google Scholar; for an account of Prime Minister Mossedegh's earlier argument on the same subject before the Se- curity Council, see International Organization, VI, p. 76.

8 United Nations, Bulletin, XII, p. 479Google Scholar.

9 Nottebohm Case, Order of March 7, 1952: ICJ Reports 1952, p. 19Google Scholar.

10 Case Concerning the Rights of Nationals of the United States of America in Morocco, Order of March 31, 1952: ICJ Reports 1952, p. 22Google Scholar.