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The 2017 Judicial Activity of the International Court of Justice

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In 2017 the International Court of Justice (ICJ or Court) made only procedural decisions, one on preliminary objections, one on counterclaims, and two on provisional measures. Three other new applications… Click to show full abstract

In 2017 the International Court of Justice (ICJ or Court) made only procedural decisions, one on preliminary objections, one on counterclaims, and two on provisional measures. Three other new applications were made to the Court, all linked to earlier cases: Malaysia applied for the revision, and interpretation, of the judgment in the Pedra Branca/Pulau Batu Puteh case; and Costa Rica brought a case against Nicaragua concerning their land boundary in the area of Los Portillos, the latest in a long line of cases between the two states. Judges Ronny Abraham (France), Dalveer Bhandari (India), Antonio Cançado Trindade (Brazil), and Abdulqawi Yusuf (Somalia) were reelected to the Court, and one new judge, Nawaf Salam (Lebanon) was elected. The UK failed to secure the reelection of its judge, Christopher Greenwood. For the first time since the establishment of the ICJ, the UK will have no judge on the Court. This failure may be taken as an indication of its declining influence in international relations, arguably attributable in part to Brexit, and it marks the end of the convention that each permanent member of the Security Council will have a judge of its nationality on the Court. Nor was the UK able to prevent a request by the UN General Assembly (passed by ninety-four in favor to fifteen against, with sixty-five abstentions) for an Advisory Opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965—a sensitive issue for the UK, and one that has already been the subject of much litigation.

Keywords: international court; court; 2017 judicial; court justice; judge

Journal Title: American Journal of International Law
Year Published: 2018

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