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Published online by Cambridge University Press: 17 November 2015
1 Lathrop, Coalter G “Why Litigate a Maritime Boundary? Some Contributing Factors” in Klein, Natalie, ed, Litigating International Disputes: Weighing the Options (Cambridge, UK: Cambridge University Press, 2014) 258.Google Scholar
2 Klein, Natalie, The Role of Dispute Settlement in the United Nations Convention on the Law of the Sea (Cambridge, UK: Cambridge University Press, 2005).Google Scholar
3 American Convention on Human Rights, 22 November 1969, 1144 UNTS 144.
4 European Convention on Human Rights , 4 November 1950, 213 UNTS 222.
5 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, 18 March 1965, 575 UNTS 160.
6 United Nations Convention on the Law of the Sea, 10 December 1982, 1833 UNTS 3.
7 Rome Statute of the International Criminal Court, UNGAOR, UN Doc A/CONF.183/9 (2002).
8 Marrakesh Agreement Establishing the World Trade Organization, 15 April 1994, 1867 UNTS 154.
9 Statute of the International Court of Justice, 26 June 1945, 1 UNTS 993.
10 US Diplomatic and Consular Staff in Tehran (United States v Iran), [1980] ICJ Rep 3.
11 On justiciability, see Kuwait Airways Corporation v Iraqi Airways Corporation, [2002] 2 WLR 1353; on act of State, see Buttes Gas and Oil Co. v Hammer, [1982] AC 888; Banco Nacional de Cuba v Sabbatino, 376 US 398 (1964). The act of State doctrine is also known in civil law jurisdictions, such as in France (acte de gouvernement) and Italy (atto politico).
12 Alien Tort Statute, 28 USC § 1350.
13 Kiobel v Royal Dutch Petroleum, 133 S Ct 1659 (2013).
14 South West Africa Cases (Ethiopia v South Africa; Liberia v South Africa), [1966] ICJ Rep 6.
15 See Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion, [2010] ICJ Rep 403. As remarked by then Ambassador Xue Hanqin in her pleading, this was the first—and, to this date, the only—time when China pleaded before the ICJ.
16 See Permanent Court of Arbitration, The Hague, The Republic of the Philippines v The People’s Republic of China, online: Permanent Court of Arbitration <http://www.pca-cpa.org/showpage.asp?pag_id=1529>.
17 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States), [1984] ICJ Rep 392.
18 Oil Platforms (Iran v United States), [2003] ICJ Rep 161.
19 Gabčíkovo-Nagymaros Project (Hungary/Slovakia), [1997] ICJ Rep 7.
20 See Pulp Mills on the River Uruguay (Argentina v Uruguay), [2010] ICJ Rep 14. See also Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, Advisory Opinion, [2011] ITLOS Rep 10.
21 International Covenant on Civil and Political Rights, 16 December 1966, 999 UNTS 171; International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965, 660 UNTS 195; Convention for the Protection of Human Rights and Fundamental Freedoms, 4 November 1950, 213 UNTS 221.
22 Ahmadou Sadio Diallo (Guinea v Democratic Republic of the Congo), [2010] ICJ Rep 639.
23 LaGrand (Germany v United States of America), [2001] ICJ Rep 466.
24 Avena and Other Mexican Nationals (Mexico v United States of America), [2004] ICJ Rep 12; Vienna Convention on Consular Relations (Paraguay v United States of America), Provisional Measures, [1998] ICJ Rep 248.
25 Cesare Romano, “Litigating International Disputes: Where To?” in Klein, supra note 1, 460.