Chapter

Issues of State Responsibility before the International Court of Justice

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0080
Issues of State Responsibility before the International Court of Justice

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Issues of state responsibility have engaged the attention of both the Permanent Court of International Justice and the International Court of Justice (ICJ). Issues of state responsibility before the ICJ may be said to have fallen into three broad categories: attribution of conduct to the state, appropriate remedies and the relationship of state responsibility to jurisdiction, and the relationship of state responsibility to substantive law. On October 10, 2002, in the ICJ’s judgment in the Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria) case, a fourth aspect of the law of state responsibility was very much in focus, although the case principally concerned territorial title. This fourth category concerns requests for separate findings of state responsibility as a consequence of findings of illegal conduct, and yields a number of issues including claims of state responsibility in territorial disputes.

Keywords: International Court of Justice; state responsibility; remedies; jurisdiction; substantive law; Cameroon; Nigeria; territorial disputes; illegal conduct; territorial title

Chapter.  3778 words. 

Subjects: Public International Law

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