ORCID Profile
0000-0001-8551-0840
Current Organisations
University of South Australia
,
University of Melbourne Law School
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Publisher: Brill
Date: 07-12-2022
DOI: 10.1163/26660229-04001012
Abstract: Over the course of his distinguished career, one of the central focus points in the work of Judge James Crawford was the role for the International Court of Justice in multilateral disputes and those engaging community norms. There are two judicial procedures in respect of which the multilateral or communitarian nature of the dispute is particularly contentious: standing, and intervention. This paper considers the Court’s most recent jurisprudence in respect of these procedures, with particular attention paid to Crawford’s own engagement with this field as both a scholar and Judge.
Publisher: Cambridge University Press (CUP)
Date: 02-2016
DOI: 10.1017/S0922156515000709
Abstract: As the list of contentious cases concerning issues of state responsibility brought before the International Court of Justice (the Court) continues to grow, a closer consideration is demanded of the most common remedy granted by the Court – the declaratory judgment. In particular, while the Court continues to issue declarations intended to constitute ‘appropriate satisfaction’, it also appears that the Court is – or is attempting – to use declarations more creatively in certain circumstances. This immediately provokes a question as to not only the proper role of declaratory judgments, but also whether and to what extent variations in the nature of the obligations owed by states, or the nature of their internationally wrongful acts, gives rise to a coherent differentiation in the remedies granted by the Court.
Publisher: Informa UK Limited
Date: 03-04-2018
Publisher: Oxford University Press (OUP)
Date: 31-05-2023
Abstract: The Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russia) case involves an unprecedented number of Article 63 declarations of intervention. We consider the specific arguments made in in idual declarations, but also the mass nature of the declarations. In order to do this in a systematic manner, we employ empirical methods to identify those declarations and arguments that are more central and those that are more unique. Using citation network analysis, we identify the main and central arguments presented by states in their declarations. Moreover, we find evidence that states have co-operated in the preparation of their intervention declarations, using Article 63 as an opportunity to collectively condemn Russia as well as offer their joint interpretation of the Genocide Convention. But while all states come to support Ukraine, the interventions are not necessarily helpful to Ukraine’s case.
Publisher: Brill | Nijhoff
Date: 2013
Publisher: University of Michigan Law Library
Date: 2021
DOI: 10.36642/MJIL.42.3.REVISITING
Abstract: The International Court of Justice (“ICJ”) is a court of first and last instance. Its decisions are “final and without appeal.” At first blush, this seems uncontroversial it is a simple restatement of the well-established principle of res judicata. But if the court makes a judicial pronouncement without all the facts to hand, can one say that the decision is legitimate and authoritative? Pursuant to article 61 of the ICJ’s Statute, the court does have the authority to revise a judgment in certain, limited circumstances. Revision is a remedy that enables the court, upon the application of a party, to reconsider an otherwise final and binding decision. An application for revision is admissible when a new fact is discovered that was unknown to the parties and the court during the proceedings, and which would have the effect of overturning or altering the court’s judgment.
Location: United Kingdom of Great Britain and Northern Ireland
No related grants have been discovered for Juliette McIntyre.