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On 5 December 2000 the International Court of Justice adopted amended texts of Articles 79 and 80 of the Rules of Court, dealing respectively with preliminary objections and with counter-claims. The present paper introduces the new articles in the light of the 1978 version of the texts.

The provisions of the ICJ Rules of Court concerning counter-claims have fallen to be applied in two recent cases, in circumstances such the Court has had to examine the nature of a counter-claim and the conditions for its admission as such, and in particular the nature of the ‘direct connection’ with the subject-matter of the application, required by the Rules. In each case the counter-claim was admitted, over the dissent of some judges: these decisions are probably justified, even though some aspects of the reasoning may be criticised.

Counter-Claims — Set-Off — Admissibility under International Law — Jurisdiction of International Tribunals to Pronounce upon — Effectiveness of the Judgment of the Court.

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The International Court of Justice: Revision of Articles 79 and 80 of the Rules of Court

Case Analysis: Counterclaims Before the International Court of Justice: The Genocide Convention and Oil Platforms Decisions

Germany v. Poland.

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3 results

The International Court of Justice: Revision of Articles 79 and 80 of the Rules of Court

Case Analysis: Counterclaims Before the International Court of Justice: The Genocide Convention and Oil Platforms Decisions

Germany v. Poland.