Friends, The new Alliance Alert Daily Digest is finally here! You can subscribe to the daily e-mail here: Subscribe to our mailing list * indicates required Email Address * First Name * Last Name *
AP: Lawyers for Chile’s government argued Thursday that judges at the United Nations’ highest court should reject a request by Peru to draw a maritime boundary between the two countries, arguing the boundary was settled in a 1952 treaty.
News from The Associated Press: The last of five judges has been elected to the International Court of Justice, more than a month after the Security Council and the General Assembly failed to agree on a nominee.
Andre Nollkaemper, The Reception by the International Court of Justice of Decisions of Domestic Courts (November 30, 2009). Federalismi.it, Rivista di Diritto Pubblico Italiano, Comunitario e Comparato, n. 15/2009. Available at SSRN: http://ssrn.com/abstract=1515747
“This paper examines the practice of the ICJ in its reception of decisions of national courts. It demonstrates that while the ICJ continues to recognize the formal separation between international law and domestic law, the practice of the Court is not based on a rigid dichotomy between the international and the domestic spheres. In particular cases, decisions of domestic courts play a role in judgments of the Court, not only as fact but also in terms of legal effects. Indeed, the dominant ‘decisions of domestic courts as facts’ doctrine fails to capture the variety of the ways in which the Court treats such decisions.”