Chapter

International Court of Justice Joint Declaration of Vice-Président Ranjeva, Judges Guillaume, Higgins, Kooijmans, Al-Khasawneh, Buergenthal, and Elaraby

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/9780198262350.003.0095
International Court of Justice Joint Declaration of Vice-Président Ranjeva, Judges Guillaume, Higgins, Kooijmans, Al-Khasawneh, Buergenthal, and Elaraby

Show Summary Details

Preview

In the earlier phase of the case under discussion here, the International Court of Justice had chosen to base itself on jurisdictional considerations ratione temporis and ratione materiae. In the orders concerning Belgium, Canada, Netherlands, Portugal, and the United Kingdom, the Court observed that Yugoslavia’s declaration accepting the compulsory jurisdiction of the Court under Article 36, paragraph 2, of the Statute, had been filed with the United Nations Secretary-General on April 26, 1999 (three days before the institution of proceedings). The Court found that the application was directed, in essence, against the bombing of Yugoslav territory by several members of the North Atlantic Treaty Organisation. It observed that the bombings began on 24 March 1999. Accordingly, it considered that the disputes before it had arisen some time prior to April 25, 1999. Based on different reasoning, the Court has now confirmed that it lacks jurisdiction to entertain the claims presented by Serbia and Montenegro.

Keywords: International Court of Justice; jurisdiction; Yugoslavia; ratione temporis; ratione materiae; bombings; North Atlantic Treaty Organisation; Belgium; Serbia and Montenegro; United Kingdom

Chapter.  2214 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.