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DECISIONS OF INTERNATIONAL TRIBUNALS

INTERNATIONAL COURT OF JUSTICE

Published online by Cambridge University Press:  13 February 2008

Phoebe N Okowa
Phoebe N Okowa
Affiliation:
Queen Mary, University of London.
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Abstract

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Type
Current Developments: International Court of Justice
Information
International & Comparative Law Quarterly , Volume 57 , Issue 1 , January 2008 , pp. 219 - 224
Copyright
Copyright © 2008 British Institute of International and Comparative Law

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References

1 Judgment of 24 May 2007, General List No 103.

2 Application Instituting Proceedings, filed in the Registry of the Court on 28 December 1998.

3 Application Instituting Proceedings filed in the Registry of the Court on 28 December 1998, Ahmadou Sadio Diallo (Republic of Guinea v DRC).

4 Judgment of 24 May 2007, para 41.

5 Nottebohm case, Second Phase, Judgment, ICJ Reports 1955, 4 at 23.

6 ICJ Reports 1955, 4 at 23.

7 See for instance, I Brownlie, Principles of International Law (6th edn, Oxford, 2003) 396.

8 On the facts it is clear that the links were not as tenuous as those between Nottebohm and Liechtenstein, since Mr Diallo was born in Guinea of Guinean parents and lived there for the first 17 years. See application instituting proceedings, 31.

9 DJ Harris, Cases and Materials on International Law (5th edn, Sweet & Maxwell, 1997) 594.

10 Barcelona Traction, Light and Power, Limited, Judgment, ICJ Reports 1970, 3.

11 Judgment of 24 May 2007, paras 42–4; See also Interhandel Case, Preliminary Objections, Judgment ICJ Reports 1959, 6; Electronica Sicula Case (ELSI) Judgment, ICJ Reports 1989, 15.

12 Judgment of 24 May 2007, para 47.

13 Judgment of 24 May 2007, para 82.

14 Barcelona Traction (n 10), para 93.

15 Judgment of 24 May 2007, para 89.

16 ibid para 90.

17 Elettronica Sicula SPA (ELSI), Judgment, ICJ Reports 1989, 15. But compare the dissenting opinion of Judge Oda at 83 who questioned the right of the United States to exercise diplomatic protection on behalf of shareholders in an Italian company when that company had not ceased to exist.

18 Judgment, 30, para 87.

19 See Art 11, para (b), J Dugard, (2005) Sixth Report on Diplomatic Protection, UN DOC A/CN.4/546.

20 See Separate Opinion of Judge Jessup in the Barcelona Traction Case (n 10), 162 at 192 (para 52).

21 Judgment, para 88.