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The 1990 Triennial Elections to the International Court of Justice and the 1989 Casual Election
Published online by Cambridge University Press: 09 March 2016
Extract
The regular, triennial elections for the International Court of Justice (ICJ), with a third of the fifteen seats on the Court coming up for renewal or replacement, were held on November 15, 1990. The five successful candidates thus elected, or re-elected, qualified for regular nine-year terms beginning on February 6, 1991. In the result, two incumbent judges, from France (Judge Guillaume) and Great Britian (Judge Jennings), who were candidates for re-election, were successful. Two other incumbent judges, from Argentina (the retiring Court President, Judge Ruda) and from Sénégal (Judge M'Baye), did not present themselves for re-election. A third incumbent judge, from India (Judge Pathak, who had been elected to the Court in a casual election held in April 1989), was nominated for re-election by a country other than his own, but chose to withdraw after the close of nominations and before the actual balloting. These three seats of the Court were filled by the election of candidates from Venezuela (Aguilar Mawdsley), Madagascar (Ranjeva), and Sri Lanka (Weeramantry).
- Type
- Notes and Comments / Notes et commentaries
- Information
- Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 28 , 1991 , pp. 403 - 416
- Copyright
- Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1991
References
1 For the 1987 Triennial Elections, see Lee, and McWhinney, , “The 1987 Elections to the International Court of Justice,” 25 Canadian Yearbook of International Law 379 (1987).Google Scholar See also Copithorne, , “The Permanent Court of Arbitration and the Election of Members of the International Court of Justice,” 16 Canadian Yearbook of International Law 322 (1978).Google Scholar
2 See Appendix 2 (infra).
3 Ibid.
4 For the discussion that follows, see McWhinney, , “Judicial Settlement of Disputes: Jurisdiction and Justiciability,” Recueil des Cours de l’Académie de la Haye (1990)Google Scholar
5 See generally, UN General Assembly A/43/1002; Security Council S/20552, Apr. 6, 1989; A/43/1002, Rev. 1, S/20552/Rev. 1, Apr. 18, 1989.
6 As to the concept of “regionalism” in nominations and elections to the ICJ, see McWhinney, , “Law, Politics and ‘Regionalism’ in the Nomination and Election of World Court Judges,” 13 Syracuse J. Int’l L. & Comm. 1 (1986)Google Scholar; and see generally, McWhinney, supra note 4.
7 Appendix 2 (infra).
8 Appendix 1 (infra).
9 Ibid.
10 Lee and McWhinney, supra, note ι, at 383–84.
11 UN General Assembly/Security Council, A/45/544/Rev. 1, S/21824/Rev. 1, Oct. 10, 1990.
12 Appendix 1.
13 Membership in the Canadian national group at the time of the April 1989 partial election to the ICJ comprised Madame Justice Bertha Wilson of the Supreme Court of Canada; Mr. Yves Fortier, Q.C., of Ogilvy Renault of Montreal; Mr. Edward G. Lee, Q.C., Legal Advisor and Assistant Deputy Minister, Department of External Affairs, Ottawa; and Professor Edward McWhinney, Q.C., of Simon Fraser University, Membre de l’Institut de Droit International. By the time of the 1990 regular triennial elections, Mr. Fortier had resigned and been replaced by M. le Bâtonnier Henri Grondin, er., of Grondin, Poudrier, Bernier. M. Serge April, Directeur-général des Affaires juridiques, Ministère des Affaires extérieures, Ottawa, was Secretary of the Canadian national group.